[sdiy] Filter Banks & CSound - electronotes

Jeffrey D. McEachin jdm at synthcom.com
Sat Dec 14 08:07:41 CET 2002


At 05:49 PM 12/13/02 -0800, Dave Halliday wrote:

>the ElectroNotes collection is still under Copyright laws.

Since they were published back when copyright protection required an explicit copyright notice, which every issue I've seen lacks, most of the issues that Synth-DIYers would find interesting are in the public domain.  That includes the portions of the PCC that reprinted public domain material without modification (despite its copyright notice), but excludes a few articles by specific authors which ARE copyrighted.  Take them to an intellectual property lawyer if you don't believe me.  The pre-1978 issues fall under one section of the law, the 78-88 issues another, and everything after 4/1/1989 is implicitly copyrighted, copyright notice or not.  I haven't seen any ENs past 1984, so I'm not sure if there are any later issues.


>#2) - In his infrequent posts to another list, ( usually forwarded
>e-mails ), Bernie has expressly said that the work is copyrighted.

So, if the Bach family says J.S. Bach's notes are copyrighted, I take it you would believe them and pay them a composer's royalty, despite copyright laws that say otherwise?  Sorry, but saying something is copyrighted doesn't make it so.  Once something is in the public domain it stays there, even if you later change your mind (unless you pay enough Congressmen to change the law for you, ala Disney).  


>#3) - The amount that he is charging for a copy is not much more than the
>basic cost of duplication.  

I fully support Bernie profiting from his efforts.  I support sending Bernie money if you copied the public domain material and want to say "thank you" (though there should be no compulsion to do so).  I support asking for permission to republish (now that there is a reasonable expectation of that permission being granted), and referring requests for EN copies back to Bernie.  I do not support attempts to assert a copyright on public domain material, especially when accompanied by legal threats and gross mischaracterization.


> How would you like it if someone started ripping-off chunks of your life's 
> work claiming that it was FREE FREE FREE for ALL!!!

If I put it out on the curb in front of my house with a sign that said "FREE", then changed my mind, you can bet I'd be angry with myself, rather than accusing everyone with my work of being a thief.  The guy saying FREE FREE FREE is just stating a fact.  Unfortunately, some people don't want to know the facts.

JDM



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