Last week, Universal Edition AG, a German publisher, used legal threats to shut down International Music Score Library Project
, a Canadian nonprofit collaborative effort to collect the scores for old public domain music. Universal Edition claimed that since Canadian copyright on music scores lasts for 20 years less than European copyright, this public domain music was actually in copyright (somewhere), and that made it illegal to reproduce it on the Web.
As usual, Michael Geist has some spot on analysis:
In this particular case, UE demanded that the site use IP addresses to filter out non-Canadian users, arguing that failing to do so infringes both European and Canadian copyright law. It is hard to see how this is true given that the Supreme Court of Canada has ruled that sites such as IMSLP are entitled to presume that they are being used in a lawful manner and therefore would not rise to the level of authorizing infringement. The site was operating lawfully in Canada and there is no positive obligation in the law to block out non-Canadians.
As for a European infringement, if UE is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest single copyright term applying on a global basis. That can't possibly be right. Canada has chosen a copyright term that complies with its international obligations and attempts to import longer terms - as is the case here - should not only be rejected but treated as copyright misuse.
Alex Wood is an addict but won’t give up his smartphone. But he has five strategies for limiting its control over him: “I used to wake up tired. My body would ache and my head felt sore, like waking up with a hangover. Finally, I took control, like attending an AA class for addicts, I […]
We just got the Sport model of the EPIKGO hoverboard at my office. Besides being terribly chic, it’s apparently bulletproof.
Ok, it’s not just solar powered. It’s also an anti-theft, waterproof marvel that keeps my phone’s power bar from ever getting into the red.Sure the idea seems obvious now – tuck a gigantic solar powered battery pack into an exposed slot and turn the wearer into a walking energy harvester. Simple maybe, but I didn’t […]
When you can’t wait for the world’s longest meeting to end, the mindless leg bouncing makes your boredom obvious and just annoys everybody else. Everyone knows the TPS reports need the damn cover sheet, but some sadistic colleague keeps forgetting, probably on purpose just to eat into your lunch hour. Enough is enough!While serving a […]
What could be more fun than a slingshot that shoots tiny airplanes? A slingshot that shoots tiny glowing airplanes of course! These toy planes are outfitted with ultra-bright LEDs, so you can fly all night without losing them in the trees.Whether you are a regular-sized child, or an overgrown adult one, these light-up flyers offer […]
You know the drill. You go to the dentist and they ask you how often you floss. You lie through your teeth and say, “every day!” (Bonus points if you have some cilantro or chives stuck in your gums from lunch). You don’t want to keep up the charade any longer, but rubbing that tiny strand […]