So I have a really good idea for a sheet music site that will hopefully do well. Therefore, I want to do everything right from the beginning. The first thing I want to do is get a collection of public domain sheet music, is it legal to simply make a script, copy all of it from a random site and upload it to my own? I know it sounds a bit unethical, but is it legal? Also, are sites responsible for the files users upload to it? Say someone is to upload a sheet music to my site, would I be held liable if that particular piece is copy-righted? Thanks.
You shouldn't get into any trouble with users uploading the sheet music as long as you make them agree to terms and conditions stating that they are responsible for the content they upload before they upload anything, and also be sure to obey any DCMA/Cease & Desist notices as soon as they come in - that way you should be covered. As for using public domain sheet music, I would think that this is ok, but i'd seek confirmation from a few other DPers before taking my word for it. Hope I've been of some help!
But what if the content you scrape is already in the public domain? It should be legal then, no? For example, you don't have to say you got it by scraping. Maybe you uploaded it yourself.
Yes, but if you already know it's public domain you might as well get it from the correct sources rather than the secondary websites.
I don't think there are primary sources for some sheet music, like the classical pieces. Also if it's easier to get it off the secondary site, why not do it?
If you're taking it directly from a secondary site how can you be sure it's public domain? It's your choice though, not mine. It's just better to avoid content scraping.
Note: This post reflects US law. You have your profile location listed in Mexico. The laws may be different there. It would be best to check with a lawyer there. Besides checking the legality of such a site in Mexico, you should have the lawyer explain any ramifications if there was infringing material from other countries (such as the US) on your site. If your business operates in the US, then you would probably need to abide by US laws as well. Scraping could lead to legal issues. There are at least three issues that could be involved. The first is collection copyright. A collection of material can be copyrighted even if the material within it cannot be. The second is if there is any other content in the files besides the sheet music. Any analysis or commentary would be subject to copyright even if the sheet music it was attached to was in the public domain. Also, arrangements can be copyrighted as well. If the sheet music you post is from a composition that is in the public domain, but the arrangement is recent, then you might be infringing. Looking at it from a single piece of music, sheet music that reflects the original arrangement of a piece that is in the public domain would be legal to post. As far as user posted files, in the US a disclaimer gives you no legal protection from copyright infringement in this situation. There are many things one must do to get protection as a user-driven content service site (such as registering an agent with the US copyright office). I don't know what you would need to do in Mexico to insulate yourself from user-generated content.
In the US there is absolutely no legal prohibition against taking public domain material from a source. Even if you scrape the material from someone else's site. I have had arguments with book publishers years ago when speaking at conferences. They love to put over reaching copyright notices on books containing public domain material. The fact of the matter is that US copyright law will not prevent you from doing this provided you only copy that which is in the public domain. The only way you could get into trouble with this in the US is if the site has a membership agreement that requires you to agree not to copy and redistribute any material gained from the site even if the material gained is public domain material. This is based on contract law, not copyright law. The question would, of course, be whether they could tell you took it from their site versus another source. In terms of whether you would be liable for what users post, the typical rule is that you would not be liable so long as when you learn of infringement you remove the infringing material with all due haste. If you are not in the US you are going to want to consult an attorney who knows the laws where you are locate. Good luck. -Gene Founder of IPWatchdog.com
If it's public domain then it's okay. yanik Silver sells public domain and I once talked to him about it and he told that it's "serving the public goods"
I have to disagree with your statements here, Gene, or at least with the way they are written. Perhaps a little clarification is in order. My contention is with "...absolutely no legal prohibition..." and "The only way...". Those sound pretty absolute, but I still contend that a group of works in the public domain could be copyrighted as a collection and the collection would be protected (even though individual elements are public domain). Certainly, taking a single piece of public domain music from such a collection has no ramifications, but taking the entire collection could have legal implications. Thoughts? Further clarification, are you saying - a) Generally, in the US, companies will make a request to remove infringing content before they take further actions. So generally you would be safe, but you might be held accountable if a company chose to sue first. However, the cost of a lawsuit would probably be more than a large company could recoup from most small webmasters that offer a free service with only small ad revenue. b) International laws usually protect user-driven content as long as the service provider responds to removal requests. c) In the US service providers are automatically protected from user generated content as long as they respond to take down requests. d) other I can see a being the case. I don't know enought about laws in other countries to say one way or the other on b. But I don't see c being true unless there has been a recent ruling. The DMCA requires more than just complying with take down requests to be given legal protection as a service provider (such as registering an agent with the copyright office that deals with such notices). I'm not attacking your statements. I am not a lawyer, so I am seeking clarification to see if there is some knowledge that I am missing.
Blue- I think you are completely correct. If you copy the whole compilation of public domain materials you could get into trouble because a compilation can be copyrighted. A compilation copyright is considered "thin" though. If you copy public domain materials out of a compilation you are fine. The original content that usually appears between public domain materials is certainly protected and the order of the materials is also protected. We are agreeing on that point but I guess I didn't understand the post to be asking about copying compilations, but this is a very good point. It is also illustrative of the fact that any kind of legal advise really needs to be based on very particular facts. Sometimes an assumption or one changed fact makes all the difference. With respect to the question, I would say A is correct, but I also believe C to be correct. The DMCA does require more than complying with take down requests, but in most situations the service provider will merely be allowing indifivuals to directly post. If there is direct posting of materials to a website without service provider assistance then the service provider would be providing an open platform. In such a platform the service provider would not be liable as long as there are procedures in place to address allegations of copyright infringement. There are some early Internet law decisions that would say that if any moderation goes on that could compromise the safe harbor protection, but the last time I looked at this area those cases were not being followed in the US and were be rejected and/or criticized. Of course, any time you want to rely on legal advice you really need to seek fact specific consulation from a lawyer who practices in the geographical area and in the specialty. -Gene