IMSLP Forums

Dear Sir / Madam, I am the lawyer of Sergei PROKOFIEV's heirs, who were surprised to find that you are offering scores of works by Sergei PROKOFIEV for free on your website accessible at http://www.imslp.org.

While it is indisputable that your company can distribute scores in the countries where the work of Sergei PROKOFIEV fell into the public domain (e.g. Canada), it is not acceptable that these scores are also available to the public in countries where these works are subject to legal protection, e.g. the US, Mexico, and almost all other countries that provide up to 70 years of protection after the death of the author (and sometimes more because of the of wartime prolongations).

Thus, the French public, as well as the US etc. can download the aforementioned scores from your website, while the work of Sergei PROKOFIEV remains subject to copyright. In these circumstances, I am obliged to put notice to you to cease all distribution of the scores of the work of Sergei PROKOFIEV, in all countries in which this work is currently protected.

If you wish, I am at your disposal to check the list of countries where the works of Sergei PROKOFIEV are no longer protected.

In accordance with my ethical convictions, I thank you for letting me know the name of your board for this issue.
In the absence of any reaction on your part, I am instructed to take all necessary measures to respect the rights of the heirs of Sergei PROKOFIEV.

Yours faithfully,

André SCHMIDT

Dear Sir,

I am replying to your email, in which you indicate that you are not the hoster of the works of Sergei PROKOFIEV offered for free download on your website.

As you know, under the applicable law, the publisher of a website is responsible for the illicit publications posted there; it is also obliged to check the content published on its website.

Thus, it does not matter that you are not hosting Sergei PROKOFIEV's scores, since they are directly accessible on the website of which the company PROJECT PETRUCCI LLC is the publisher (/editor?).

In the same way, it is irrelevant, from the point of view of applicable law, that PROJECT LEONARDO is subject to Canadian law, insofar as your website is also addressed to the public of the US, where the works of Sergei PROKOFIEV remain protected. Such behavior is completely illegal and violates the rights of my clients.

Accordingly, the purpose of this letter is to reinstate the terms of my previous letter and to put you on notice to cease all distribution of the scores of the work of Sergei PROKOFIEV, in all countries in which his work is currently protected.

As I have already mentioned, I am at your disposal to check the list of countries where the works of Sergei PROKOFIEV are no longer copyrighted. A copy of this letter is addressed to the company PROJECT LEONARDO LIMITED, hoster of the illegal content.

In accordance with my ethical convictions, I would like that you let me know the name of your council for this issue.

I remind you that in the absence of any reaction on your part, I have been instructed to take all necessary measures to respect the rights of the heirs of Sergei PROKOFIEV.

Yours faithfully,
André Schmidt

cypressdome wrote:The Buxtehude page contains an arrangement by Prokofiev. Unfortunately, the means used to block it has also blocked all the other content on that page.