Unpublished folk music manuscript: CC attribution for the library?

[anna-gld]

I have read the threads about libraries attempting to copyright their images, but this case is a bit different.

My colleagues and I have worked to obtain a rather large collection of high-quality photographs of a century-old manuscripts of folk music which exist in just one Ukrainian library. A lot of it has never been published. We would like to release it. This being folk tunes, both the library and us realize that there can possibly be no copyright on the music itself.

However, the library normally allows for copying of only 30% of any one manuscript, and they made an exception for us. They are not seeking to prohibit any use of these materials, or benefit from it, but they are asking for the files to be released in a way that would ensure that the library is referenced in any publications. They are also asking, if possible, to put up a request for people to send them a hard copy of any publication made with these materials.

So we were considering the possibility to release the materials with the CC attribution license. Once again, the goal would be not to prohibit any use of the materials, but to thank the library, so to say. Furthermore, it would help to spread the word, and hopefully drive more people interested in this music to a really unique and valuable source. That library has many other unique manuscripts that we did not have the budget for.

However, IMSLP guidelines seem to require that any old manuscripts are released as public-domain-only. So if I upload my files with the attribution license, it will get rejected? What would be the best solution for this case?

[Sallen112]

We would welcome the files on here for sure! But unfortunately no legally speaking, we cannot allow files that are in the public domain (if the composer died more than 50 years ago or if the music was done before 1923) to be released under a CC license because you cannot restrict a file that is already in the public domain. The library does not own the piece, only a copy of the piece. Its the estate or heir that owns the rights to the pieces (unless they specifically gave up all rights to the pieces and gave them to the library). If the composers died less than 50 years ago, then a CC license is required for that composer (or if the music was published before 1923, then the public domain status is needed). You can just mentioned in the misc. notes on uploading your permission to release the files on here from the library so they know and any other details that are important for the library.

[coulonnus]

Perhaps this CC case is useful: viewtopic.php?f=8&t=5951&p=39711&hilit=herschel#p39711 See the CC licenses in the University of Edinburgh scans at https://openbooks.is.ed.ac.uk/

[Sallen112]

Actually as coulonnus pointed out, putting the library in the Scanner field would be enough actually!