downloading scores in Canada

[music613]

A friend is attempting to download scores in Toronto - presumably logged in through a Canadian based ISP. The scores in question (Florent Schmitt, Vincent d'Indy, Nikolai Medtner, Karol Szymanowski) all fall under the 50 year rule since all of these composers were deceased <= 1958. Yet, the scores are marked [TB] even though the other copyright restrictions do not seem to apply in Canada. What is the problem with downloading? Here are a few examples from list of some 30 scores "of interest" :
Schmitt: #27313 (Symphonie Concertante) published 1932 NON-PD US, EU [TB]
Schmitt: #25008 (Janiana) published 1943 NON-PD US, EU [TB]
Schmitt: #25677 (Hasards) published 1943 NON-PD US, EU [TB]
* * * Schmitt died in 1958 * * *

Medtner: #05496 (Piano Concerto #2) published 1963 (MUZGIZ) NON-PD US, EU [TB]
* * * Medtner died in 1951 * * *

Szymanowski: #13383 (Symphony #4) published 1963 (MUZGIZ) NON-PD US [TB]
* * * Szymanowski died in 1937

Thanks

music613

[Lyle Neff]

If it's "non-PD US," it can't be downloaded.

[music613]

In Canada? Or just in the US? Sorry, trying to get the hang of this and understand that the subject may have been covered elsewhere.

[vinteuil]

US. Unfortunately, because the [vast] majority of IMSLP's traffic is US-based, we have been forced to block those files that are non-PD in the US as a precaution.

[music613]

OK - let me see if I understand your answer. NON-PD US means the materials in question are NOT available in the US but ARE available in Canada. That being the case, why can't a Canadian, logged onto a Canadian ISP (i.e. Rogers) not be able to access scores that are NON-PD US when, according you your post, they ought to be (available in Canada)?

[daphnis]

Because for the time being, we are voluntarily blocking all scores which are not yet public domain in the US. This is issue continues to be discussed on a daily basis and indeed is frustrating. All we can say is, yes, we know they're PD in Canada but for legal concerns, which we hope are temporary, we are blocking those files until sometime yet undetermined in the future.

[music613]

Thanks, Daphnis.

I would offer the following observation. I think you would agree that it is misleading in the extreme to state on the one hand that various scores are PD BUT NOT available temporarily due to possible international copyright conflicts, and then state that the same materials will not be available for an indefinite period. Indefinite and temporary really are not the same thing. I understand the intent, but I believe you need to be specific and accurate in your labelling - to wit, a score that technically is PD in Canada but NOT available in Canada is NOT, de facto, PD by virtue of your restrictions on its availability, "voluntary" or not. It's a semanitc issue, I realize, but I think it would clarify things immensely if you modified your descriptions (or invented another one NON-PD CAN/US to cover this "temporary" intermediate, PD but not PD state.

[daphnis]

I agree entirely, and on that point I've been one of the more vocal advocates about my displeasure of the system and the labeling. Hopefully one of the other admins. will chime in here.