I am wondering about an issue brought up in an old thread: "Is the image the property of a library/person who scanned?"
Here is the link to this old post:
https://imslpforums.org/viewtopic.php?f ... 1&start=15
I am unable to find this very important question addressed in the IMSLP's licensing policy.
Are we allowed to use the scanned images of PD works/editions published on IMSLP as is in commercial projects?
Could the person who scanned/photographed the public domain score and submitted to the IMSLP library exploit commercial projects using their scans?
I hope this must be made a requirement when submitting scans to IMSLP.
This seems foolish, but in a far fetched situation, they could even come after musicians who are making commercial recordings of public domain pieces that are difficult to find in print, but made available on IMSLP, claiming that the recording artists exploited their efforts of making these scans.
Using scanned images of scores on IMSLP commercially
Moderator: Copyright Reviewers
Re: Using scanned images of scores on IMSLP commercially
Hello,
I think the reason you do not find an answer about this, is its pretty obvious: Public Domain means its free to be used in anyway shape or form of that content you want to use it in, you do not need any kind of permission from the original copyright owner because the work's copyright has expired in terms of publication and/or the death of the author. Scans do not put something back under copyright, its been settled in the courts that making unmodified scans of the content as is does not place the images back under copyright, it is still in the public domain.
So yes your more than welcome to use them in commercial projects. However if your using something from after 1928 (or 20th century in general or later), the work may not be PD in every region (because we support content in Canada, the United States and the European Union) and you may need to get permission from the copyright owner if you want to publish such content in a certain country if it is still under copyright in that region.
I think the reason you do not find an answer about this, is its pretty obvious: Public Domain means its free to be used in anyway shape or form of that content you want to use it in, you do not need any kind of permission from the original copyright owner because the work's copyright has expired in terms of publication and/or the death of the author. Scans do not put something back under copyright, its been settled in the courts that making unmodified scans of the content as is does not place the images back under copyright, it is still in the public domain.
So yes your more than welcome to use them in commercial projects. However if your using something from after 1928 (or 20th century in general or later), the work may not be PD in every region (because we support content in Canada, the United States and the European Union) and you may need to get permission from the copyright owner if you want to publish such content in a certain country if it is still under copyright in that region.
Re: Using scanned images of scores on IMSLP commercially
Hi Sallen112,
Thank you for the clarification!
So, it appears that contributors to IMSLP cannot claim ownership of their scanned photographs, even if they could prove that it has their handwriting on the margin or they can show in any other way that its a rare edition that belongs to them (of a work that is in the public domain of course) and demand any monetary claims on the images they produced.
Since there are strange laws around the world, I think it would be useful if IMSLP could mention this in the agreement contributors accept when submitting images to the library.
Thank you for the clarification!
So, it appears that contributors to IMSLP cannot claim ownership of their scanned photographs, even if they could prove that it has their handwriting on the margin or they can show in any other way that its a rare edition that belongs to them (of a work that is in the public domain of course) and demand any monetary claims on the images they produced.
Since there are strange laws around the world, I think it would be useful if IMSLP could mention this in the agreement contributors accept when submitting images to the library.
Re: Using scanned images of scores on IMSLP commercially
There is no distinct copyright in a photocopy of an item as opposed to the item itself. The person who photocopies an item gets no new copyright by making the photocopy.
Even if there were a new copyright in photocopies (and, to be clear, there isn't), this would not extend to recordings made using those recordings, because only the public domain original composition (and not whatever original creative content which is supposedly only found in the photocopy) is present in the recording. If you scan some public domain item, and then someone goes and records it, they're not infringing on any copyright that belongs to you.
If the original item is in the public domain, then you are 100% free to create a derivative work (such as a new arrangement or recording) using a scan of that item.
In any case, if you submit anything as "public domain" to IMSLP, you explicitly disclaim all rights you may have to it using CC-Zero. If there were such a thing as a copyright in a scan, this would result in disclaiming it.
Even if there were a new copyright in photocopies (and, to be clear, there isn't), this would not extend to recordings made using those recordings, because only the public domain original composition (and not whatever original creative content which is supposedly only found in the photocopy) is present in the recording. If you scan some public domain item, and then someone goes and records it, they're not infringing on any copyright that belongs to you.
If the original item is in the public domain, then you are 100% free to create a derivative work (such as a new arrangement or recording) using a scan of that item.
In any case, if you submit anything as "public domain" to IMSLP, you explicitly disclaim all rights you may have to it using CC-Zero. If there were such a thing as a copyright in a scan, this would result in disclaiming it.
Re: Using scanned images of scores on IMSLP commercially
To be clear, the copyright owner of the content on the pages is what they own or recording that is made, not the scans themselves necessarily.ya89 wrote: ↑Wed Mar 27, 2024 9:28 am Hi Sallen112,
Thank you for the clarification!
So, it appears that contributors to IMSLP cannot claim ownership of their scanned photographs, even if they could prove that it has their handwriting on the margin or they can show in any other way that its a rare edition that belongs to them (of a work that is in the public domain of course) and demand any monetary claims on the images they produced.
Since there are strange laws around the world, I think it would be useful if IMSLP could mention this in the agreement contributors accept when submitting images to the library.