Typesetting based on copyrighted editions

[leosakel]

Please inform me if it is legal to create a typesetting (in Finale or Sibelius) of a work by a composer like Skalkotas who died in 1949 but some of his works were published many years after his death, based on such a late publication. Is this considered copyright infringement?

[steltz]

If you typeset a work that is still covered by copyright, you are infringing that copyright.

Your IP address shows as Italy, so I am going to assume you will follow EU law.

If you are referring to Nikos Skalkottas (1904-1949), then there isn't even an issue of posthumous publications -- all the works that Skalkottas wrote while alive are still under copyright in countries that follow a life+70 copyright term; these will be under copyright until 2020. I'm not sure how the EU deals with posthumous publications (each country/region deals with this issue differently), but works published after 1949 will inevitably be covered until sometime after 2020.

So the short answer is that you may NOT typeset any of his works without infringing the law. You will have to purchase the works you want.

[Choralia]

I'd like to comment on this.

If one purchases a copy of a copyrighted score, the purchasing cost of the score includes a license for the personal use of the score. So, one can use the score for study, rehearsal, performance, etc., provided that the use is personal or anyway within the boundary of family and friends. Also, making a photocopy of the score to add remarks on the copy without spoiling the original is legal (concept of "backup copy"). Public performance, broadcasting, distribution of photocopies, etc., are definitely outside the scope of the license for personal use.

IMO, typesetting a copyrighted score for personal use (e.g., to improve readability when performing it) should be considered legal. Instead, typesetting and then distributing the new typeset to others is definitely a copyright infringement.

Max

[leosakel]

Thank you for the reply on Skalkotas. There is one more thing that I need to clatify. There has been an amazing effort by some people to create digital editions of works
by many composers (the Magic Flute on WIMA for example) and provide the source files so that someone can rearrange - reorchestrate the pieces according to their available instruments. There is even the possibility of using software to convert pdf typeset works back to xml files (although I assume this depends as well on the licence of these files). The question has to do with the possibility of doing such a thing out of an existing pd work that is posted on imslp. Let us say I take the edition of Verdi's Rigoletto that is on imslp and create a finale or Sibelius file out of it (it might take a couple of years actually). One could extend this idea if possible to reach a point where synthsized versions of the score (for example a Midi or mp3 performances using very good VST plugins) could be provided as a backing tracks for soloists. I do know that there are some of these tracrks are available commercially (some are pretty good but none seems complete/only extracts under strict non performance licences) but I am thinking of a project where the operas and scores (or even certain concerti) could be available for performances in places where there are no enough players to do so as in the island of Rhodes, Greece where I live. There is also the idea of a good accompanist of course but I am sure that electronics and real time controlls could create a new type of staged work that would be relatively cheap, non copyrighted, and enable opera to reach other non-traditional venues.

[steltz]

This is legal provided the original works were PD. However, many living composers might object to a synthesized backing track, and would be within their rights to object to it. Since you mentioned Skalkottas, I assumed you were talking about his works specifically. He might be deceased and not able to approve or disapprove of such a project, but he will have an estate, and trustees of that estate would have to give permission, or not, based on what they know of his likes/dislikes/philosophies.

[leosakel]

This is legal provided the original works were PD. However, many living composers might object to a synthesized backing track, and would be within their rights to object to it. Since you mentioned Skalkottas, I assumed you were talking about his works specifically. He might be deceased and not able to approve or disapprove of such a project, but he will have an estate, and trustees of that estate would have to give permission, or not, based on what they know of his likes/dislikes/philosophies.

I am wondering then what is the case for composers like Verdi or Puccini in relation to the above. Is there a group fo trustees that is entitled to approove or dissaproove a digital/synthesized accompaniment of a Vedi opera? Please let me know about that since I am very interested in creating digitised versions of complete works using VST instruments and midi files together with some live instruments. I would not want these to be illegal. Am I entitled to upload such a project on imslp.Isn't it in a sense an arrangemet of the original work?
Thanks.

[KGill]

... I am very interested in creating digitised versions of complete works using VST instruments and midi files together with some live instruments. I would not want these to be illegal. Am I entitled to upload such a project on imslp.Isn't it in a sense an arrangemet of the original work?
Thanks.

To put it simply:
(a) If the work is out of copyright (in your country and in Canada), you can change anything you want about it and upload it to IMSLP without legal repercussions - as a member of the public, you own the work. This includes anything from making a new scholarly edition to making a synthesized recording of it to arranging it to completely rewriting the piece as you see fit, and in this case you can upload any of those things to IMSLP.
(b) If the work is under copyright (in your country), you cannot make any edition, recording, arrangement, etc. without explicit written permission from the copyright holder. That is, you could do whatever you want for your own personal, private usage, but it would be illegal to upload it to IMSLP or any other website, even if it's in a country without copyright law (because we're assuming it's under copyright where you live, so it's illegal for you to transfer it in any form).

Hopefully this is less equivocal. I'm pretty sure none of Verdi's operas are under copyright anywhere in the world (not so sure about all the librettists, I guess), so they at least would fall under (a). Basically the entire thing comes down to the copyright status of the original work.

[leosakel]

Thanks KGill.
I think everything is clear now.