International Music Score Library Project: Difference between revisions

Revision as of 19:04, 31 January 2024

Revision as of 19:06, 31 January 2024

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On October 19, 2007, the IMSLP closed following legal demands from [[Universal Edition]] of Vienna, Austria.<ref name=cd>{{cite web |url = http://imslpforums.org/Second%20U-E%20Cease%20and%20Desist%20Letter.pdf |archive-url = https://web.archive.org/web/20071023090807/http://imslpforums.org/Second%20U-E%20Cease%20and%20Desist%20Letter.pdf |url-status = dead |archive-date = 2007-10-23 |title = Cease and Desist Letter from Universal Edition AG |access-date = 2007-10-20 |last = Clark |first = Ken |date =2007-10-05 |publisher = Aird & Berlis LLP }}</ref> The [[cease and desist]] letter expressed concern that some works that are in public ___domain in the server's ___location in Canada with [[copyright]] protection of 50 years following death, but are protected by the 70 years following death term in some other countries, were available in those countries. The administrator of the website, Edward W. Guo, also known under the nickname Feldmahler, decided to close down the repository, but left the forums online so that discussions into the best way to proceed could be made:<ref name="multiple"/>

{{blockquote|text=On Saturday October 13, 2007, I received a second Cease and Desist letter from Universal Edition. At first I thought this letter would be similar in content to the first Cease and Desist letter I received in August. However, after lengthy discussions with very knowledgeable lawyers and supporters, I became painfully aware of the fact that I, a normal college student, has neither the energy nor the money necessary to deal with this issue in any other way than to agree with the cease and desist, and take down the entire site. I cannot apologize enough to all IMSLP contributors, who have done so much for IMSLP in the last two years.|sign=Feldmahler (project leader)}}

In response, director [[Michael S. Hart]] of [[Project Gutenberg]] offered support to keep the project online.<ref>{{cite mailing list|last=Hart|first=Michael|title=Re: Three quick links on digitizations and their constraints|mailing-list=Book People|author-link=Michael S. Hart|date=2007-10-23|url=http://onlinebooks.library.upenn.edu/webbin/bparchive?year=2007&post=2007-10-23,2|access-date=2007-12-29|archive-date=2007-10-26|archive-url=https://web.archive.org/web/20071026080641/http://onlinebooks.library.upenn.edu/webbin/bparchive?year=2007&post=2007-10-23,2|url-status=live}}</ref> This offer was declined by Guo, who voiced concern about having the project hosted in the United States, and consulted the Canadian wing of Project Gutenberg.<ref name="multiple">{{cite web|url=http://imslp.on-wiki.net/Open_letter|title=Open letter|access-date=2008-02-02|last=Feldmahler |date = 2007-10-19 |archive-url = https://web.archive.org/web/20071210084314/http://imslp.on-wiki.net/Open_letter |archive-date = December 10, 2007|url-status=dead}}</ref> On November 2, 2007, [[Michael Geist]], a prominent Canadian copyright academic, wrote an article for the [[BBC]] discussing the specifics and the wider implications of this case.<ref>{{cite web |url = http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/1/hi/technology/7074786.stm |title = The day the music died |access-date = 2007-11-03 |last = Geist |first = Michael |author-link = Michael Geist |date = 2007-11-02 |publisher = BBC News |archive-date = 2016-01-20 |archive-url = https://web.archive.org/web/20160120044259/http://newsvote.bbc.co.uk/mpapps/pagetools/print/news.bbc.co.uk/1/hi/technology/7074786.stm |url-status = dead }}</ref>{{Quote box|quote=This case is enormously important<br />from a public ___domain perspective.|source=[[Michael Geist]]}}

IMSLP went back online on June 30, 2008. Since its reopening, the site has been using a strict copyright policy wherein uploaded files are made accessible for download only after the copyright status for three most frequent copyright regimes has been reviewed by staff members. Although the server is located in Canada, files that are not public ___domain in the US were until July 2010 flagged [TB], for 'Technical Block' or 'Temporary Block', and could not be viewed. The FAQ posted in their forum stated, "Unfortunately, these 'temporary' blocks will be until further notice – possibly all the way until the expiration of term in the USA."<ref>{{cite web|url = http://198.137.202.16/viewtopic.php?f=6&t=3319|title = FAQ Works in TB Status|access-date = 2010-05-22|archive-url = https://web.archive.org/web/20120331064636/http://198.137.202.16/viewtopic.php?f=6&t=3319|archive-date = 2012-03-31|url-status = dead}}</ref> After an initial phase, [TB] flagged items have essentially disappeared thanks to the introduction of regional servers operated by unaffiliated organizations (see next).

On 21 April 2011, the [[Music Publishers Association (UK)]] issued a [[Digital Millennium Copyright Act|DMCA]] [[Digital Millennium Copyright Act#Abuse of takedown notice|takedown notice]] against the IMSLP. [[Go Daddy]], the [[___domain name registrar]] for the IMSLP, removed the [[___domain name]] "imslp.org", leaving it inaccessible.<ref>{{Cite web|last=Doctorow|first=Cory|date=2011-04-21|title=UK Music Publishers file copyright complaint over public ___domain sheet music, GoDaddy nukes major music site|url=https://boingboing.net/2011/04/21/uk-music-publishers.html|access-date=2022-01-24|website=Boing Boing|language=en-US|archive-date=2022-01-24|archive-url=https://web.archive.org/web/20220124163411/https://boingboing.net/2011/04/21/uk-music-publishers.html|url-status=live}}</ref> The MPA's argument was similar to that made in 2007 by Universal Edition. In particular, the MPA claimed that Rachmaninoff's 1913 choral symphony ''[[The Bells (symphony)|The Bells]]'' violated US and EU copyright.<ref>[http://imslpforums.org/viewtopic.php?f=1&t=4775 Text] {{Webarchive|url=https://web.archive.org/web/20110428190019/http://imslpforums.org/viewtopic.php?f=1&t=4775 |date=2011-04-28 }} of the MPA's letter to [[Go Daddy]]</ref> According to the IMSLP, the action is without any merit.<ref>[http://imslpforums.org/viewtopic.php?f=1&t=4774 "IMSLP Under Attack"] {{Webarchive|url=https://web.archive.org/web/20110426041238/http://imslpforums.org/viewtopic.php?f=1&t=4774 |date=2011-04-26 }} by Carolus, IMSLP Forum (21 April 2011)</ref> Almost 24 hours later, the MPA (UK) announced on [[Twitter]] that they had asked Go Daddy to reinstate the ___domain name.<ref>[https://twitter.com/the_MPA/status/61117026009227264 Tweet] {{Webarchive|url=https://web.archive.org/web/20160305024229/https://twitter.com/the_mpa/status/61117026009227264 |date=2016-03-05 }} by Will Lines, [[Music Publishers Association (UK)]] (22 April 2011)</ref>