Prokofiev legal threat

[imslp]

All,

IMSLP has received legal threats from the Music Sales Group (who owns G. Schirmer) and the National Music Publishers Association regarding Prokofiev works. We believe the accusations to be entirely meritless, but as a precaution we have temporarily disabled the pages while we seek further legal advice. Updates will be posted in this thread.

First letter (2017/11/7)
Second letter (2017/11/23)
Third letter (2018/1/19)
We received a fourth e-mail threat on 2018/2/16.

Best,
Edward

[guifre]

Here's a translation of the first French letter:

Dear Sir / Madam, I am the lawyer of Sergei PROKOFIEV's heirs, who were surprised to find that you are offering scores of works by Sergei PROKOFIEV for free on your website accessible at http://www.imslp.org.

While it is indisputable that your company can distribute scores in the countries where the work of Sergei PROKOFIEV fell into the public domain (e.g. Canada), it is not acceptable that these scores are also available to the public in countries where these works are subject to legal protection, e.g. the US, Mexico, and almost all other countries that provide up to 70 years of protection after the death of the author (and sometimes more because of the of wartime prolongations).

Thus, the French public, as well as the US etc. can download the aforementioned scores from your website, while the work of Sergei PROKOFIEV remains subject to copyright. In these circumstances, I am obliged to put notice to you to cease all distribution of the scores of the work of Sergei PROKOFIEV, in all countries in which this work is currently protected.

If you wish, I am at your disposal to check the list of countries where the works of Sergei PROKOFIEV are no longer protected.

In accordance with my ethical convictions, I thank you for letting me know the name of your board for this issue.
In the absence of any reaction on your part, I am instructed to take all necessary measures to respect the rights of the heirs of Sergei PROKOFIEV.

Yours faithfully,

André SCHMIDT

[guifre]

Here's a translation of the second letter:

Dear Sir,

I am replying to your email, in which you indicate that you are not the hoster of the works of Sergei PROKOFIEV offered for free download on your website.

As you know, under the applicable law, the publisher of a website is responsible for the illicit publications posted there; it is also obliged to check the content published on its website.

Thus, it does not matter that you are not hosting Sergei PROKOFIEV's scores, since they are directly accessible on the website of which the company PROJECT PETRUCCI LLC is the publisher (/editor?).

In the same way, it is irrelevant, from the point of view of applicable law, that PROJECT LEONARDO is subject to Canadian law, insofar as your website is also addressed to the public of the US, where the works of Sergei PROKOFIEV remain protected. Such behavior is completely illegal and violates the rights of my clients.

Accordingly, the purpose of this letter is to reinstate the terms of my previous letter and to put you on notice to cease all distribution of the scores of the work of Sergei PROKOFIEV, in all countries in which his work is currently protected.

As I have already mentioned, I am at your disposal to check the list of countries where the works of Sergei PROKOFIEV are no longer copyrighted. A copy of this letter is addressed to the company PROJECT LEONARDO LIMITED, hoster of the illegal content.

In accordance with my ethical convictions, I would like that you let me know the name of your council for this issue.

I remind you that in the absence of any reaction on your part, I have been instructed to take all necessary measures to respect the rights of the heirs of Sergei PROKOFIEV.

Yours faithfully,
André Schmidt

[Eric]

Fair enough I should think, in principle. I get the impression it is taking us awhile to respond. Is this so? Why is this so?

[Feduol]

Is this issue affecting only Prokofiev's works or also other editions published by G. Schirmer? Buxtehude's Prelude in D minor, BuxWV 140 page, for instance, is also disabled. (Hoping this situation ends soon without any more troubles to the site.)

[Eric]

In regards that page is it insufficient to delete the Schirmer editions and any information obtainable only from them (using reference works instead) and get an Abschrift from Sweden eg for the music?

[cypressdome]

The Buxtehude page contains an arrangement by Prokofiev. Unfortunately, the means used to block it has also blocked all the other content on that page.

[Eric]

erm. yes. I'm aware of the Prokofiev Buxtehude arrangement. (Published by Editions russes de musique using their "Gutheil" imprint and © or maybe just published without copyright in 1923 but I guess renewed if so...)

Unless there was nothing on the Buxtehude page -but- that Prokofiev arrangement, deleting that arrangement completely (file as well as fileblock) (saving it up until this is resolved and reuploading it if this is resolved, later) from the page would still seem to me (in retrospect?) somewhat better.

[Feduol]

The Buxtehude page contains an arrangement by Prokofiev. Unfortunately, the means used to block it has also blocked all the other content on that page.

Thanks for your explanation, Cypress.

I agree blocking only the files arranged by Prokofiev would be better than disabling all the page, but probably even the thumbnail images could arise copyright issues to Music Sales Group / National Music Publishers Association. Maybe some way to hide them?

[Sallen112]

I put a comment to obscure code on the offending files by the NMPA to hide them, the page shouldn't be totally disabled since only the arrangements on that page are the ones they are complaining about.

[megamech]

The first couple letters talk about 'rights of client'.
If his client is not a Canadian though then he isn't protected under any Canadian law? The third letter mentioned the Digital Millennium Act. But that act does not exist in any Canadian legislation. The first couple letters said that it was unfair that other countries are able to access the material. But how on earth can you expect a public website to make a page only accessible by Canadians? It simply is not feasible nor legally enforceable in my opinion. I can't tell 'muricans that their freedom of speech is going too far and violates Canada's more limited freedom of speech and that it's unfair that Canadians have access to those resources online. You could tell the lawyer that you can supply the IP addresses of users outside of Canada who access the material, but that is in direct violation of the Canadian Privacy Act unless he has a warrant. If the server is not in the US then it does not have to follow US law. If anything, I would tell them to take this issue to their congress as this is a problem with international legal code. Unless I'm mistaken, I doubt there is a law that says we have to follow US copyright law. I have G. Schirmer ultimate Bach piano collection, the fingerings for the fugues suck anyway. As far as I'm concerned schirmer can take their arrangements and...

The lawyer is a hack. Referencing US law in a letter to a Canadian non-profit organization. What was he thinking?!?
plz don't use anything I said as valid legal advice cause it's not.

[Eric]

"If the server is not in the US "

but it is -- iirc (though there are alternate servers for hosting works that are only public domain in Canada, only public domain in the EU and a perhaps fully-US-owned one for only-PD-US ones ..). The usual server, anyway, - is as I recall: owned by a Canadian company _but_ in the US, and subject therefore to a sometimes confusing mix of laws.

[megamech]

Why not host the prokofiev stuff on the petrucci library .ca site. Then imslp is not linking to the content that the lawyer thinks is not open source.

If I made my own edition of a prokofiev piece would that make it open source? Cause schirmer could be claiming the edition that they made as copyright protected while the music itself is open source. Claiming copyright on an edition of an open source work sounds like a losing game.

[Eric]

in most of these cases, best of my knowledge, the work itself is copyrighted in the US, so any edition of it would be also (via the law of the bldy obvious)...

[TheGrassGuy]

Didn't Prokofiev write some works before 1923 that should be PD in US?