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
    BTR1701, 23 Oct 2007 @ 6:15am

    Re: Re: Re: What exactly is the problem?

    > A business is required to understand its
    > audience and play by the rules for each of
    > its customers.

    Says who? There's certainly no legal requirement that says this.

    The only thing is a business is legally required to do is abide by the laws of the jurisdiction in which it operates.

    For example, if a band records a song in California that glorifies Nazis and those CDs find their way to Germany, where glorifying Nazis is a crime, those band members cannot be legally extradited to stand trial in Germany. They had no obligation to abide by German law when they recorded that song in California. They didn't even have an obligation to be aware of German law when they recorded that song in California.

    Your approach would make the 1st Amendment (among many other things) meaningless and ineffective.

    > Ignorance of the law is not an excuse.

    But only in the jurisdiction in which it operates. Ignorance of every law in every nation in the world *is* an excuse.

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