Canadian Public Domain Not Good Enough For German Publisher

from the this-is-not-the-public-domain-you-were-looking-for dept

It's no secret that different countries have different lengths for copyright. That's why there are constant debates over copyright extension, as countries with shorter terms for copyright are pressured by those with longer terms to extend (or, better yet, to leapfrog) copyright terms. Otherwise, you end up with the situation where content in one country is in the public domain, while it's still under copyright elsewhere. In the age of the internet, where borders are somewhat meaningless online, that's going to cause some problems. Witness the situation with the International Music Score Library Project, a wiki-based project in Canada, for publishing public domain music scores online. The site was careful about copyright, making sure that the only content published was in the public domain. Since the site is based in Canada, it focused on Canadian copyright law and what was in the public domain in that country. Apparently, that was seen as problematic to a German publisher, Universal Edition AG, who found that some of the musical scores that are in the public domain in Canada are still under copyright in Germany. Universal Edition then hired a Toronto law firm to send a cease and desist letter, that caused the entire site to be taken down. Yes, even though all of the content was perfectly legal under Canadian law, this German publisher was able to get it taken offline because some of the content was still under copyright in Europe. If this type of thing is allowed to stand, then we reach a point where all copyright online automatically is covered by the absolute most draconian and stringent levels of copyright law, no matter what the law is anywhere else. That doesn't seem either reasonable or fair.

Filed Under: canada, copyright, copyright extension, eu, international music score library project, public domain
Companies: universal edition ag


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  1. identicon
    Anonymous Coward, 22 Oct 2007 @ 11:25am

    Re: Re: What exactly is the problem?

    I do not agree that the site should be shut down
    Neither do I, but there aren't other easy options. An alternative that has been effectively used by the porn industry might work: Let users say that they have checked copyright on a particular work before they access it. Not clean, but could be a decent start.
    As a practical matter, a web site that publishes content on the Internet cannot be aware of every copyright law out there.
    A business is required to understand its audience and play by the rules for each of its customers. Ignorance of the law is not an excuse. A web site publisher must know that its audience is beyond a country, or ensure that its audience is limited to a country.
    Personally, I don't like the concept of a government blocking content from its citizens
    That is a different debate. I too would love people to have unfettered access to information.

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