Dear Lucinda:
I have to respond when someone is kind enough to read (and cite) one of
my publications.
Assuming that your sheet music is in the public domain, you cannot use
copyright to control what people do with it. You can if you like
create a contract with the user. This contract would say that you
would provide him/her copies of the public domain sheet music so long as
he/she does not digitize it, publish it, or further distribute it without
your permission and without payment of a publishing fee. This is
similar to saying to the researcher that you will loan him/her your car,
but that it has to be returned with a full tank of gas. As the
owner of the sheet music, you are able to set any conditions you want on
its use. Of course, you also have to be willing to bring legal
action against any user who chooses to ignore your contract
terms.
(Caveat: there are competing legal doctrines at work here, but by and
large what I describe above is how most people work.)
Assuming that you can control reproductions with contracts, the next
question is should you do this. There is a growing chorus that says
that archives that try to exert control over public domain work are
engaging in "copyfraud." See, for example, the recent
article by Joseph Mazzone with the same title that faults archives for
doing this. A better analysis is Ken Hamma's thoughtful piece
"Public Domain Art in an Age of Easier Mechanical
Reproducibility" in the November, 2005 issue of D-Lib Magazine:
http://www.dlib.org/dlib/november05/hamma/11hamma.html. Hamma
argues that our entire culture will be the richer if public domain
material is freely available. Although "public domain
art" is in the title, there is much in the piece that would be of
interest to archivists.
Peter
PS: I have mentioned this before, but Yale has an excellent site on the
difference between the rights of the physical owner and the rights of the
copyright owner. See
http://www.library.yale.edu/special_collections/copyright.html.
---------------------------------------------------------------
Peter B.
Hirtle
Chair, SAA IP Working Group
IRIS Technology Strategist and
CUL Intellectual Property Officer
Note New Mailing Address & Fax:
Instruction, Research, and Information Services Division
Cornell University
Library
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Library
Ithaca, NY 14853-5301
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f. 607/255-2493
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