Copyright

[Roger Hargrave]

I am reproducing this text here because I am not sure if anyone is still reading the making a double bass blog:-

I am slowly adding more photographs and text for the bass making book. I really is moving along, but it is taking much longer than I had anticipated. However, I also have a slight problem. This is a problem that I often get when I am doing things like this for free. It is the problem of copyright. I had this with the beautiful film that my daughter made about making a violin in my workshop. She made this film when she was a film student. She used a variety of music to show the versatility of the violin and that of course stopped any chance of it ever been given out, even for free. Now, in the bass book I would really like to reproduce the photo on page 135 of Antonio Stradivari in Japan. This photograph was taken by Mr. Shinichi Yokoyama. I need permission to use it and preferably without cost. Does anyone know how I can get this permission? I have already written to Gakken and Co who published the book, but I cannot find an address for Mr. Mr. Shinichi Yokoyama

[Doug Cotterill]

Did you hear back from the publisher? Who has to give the permission according to copyright note in the book? The publisher or the photographer? The book was published 30 years ago, if Mr Yokoyama is no longer with us, can the publisher give permission?

[Roger Hargrave]

Did you hear back from the publisher? Who has to give the permission according to copyright note in the book? The publisher or the photographer? The book was published 30 years ago, if Mr Yokoyama is no longer with us, can the publisher give permission?

 

These are the answers that I am looking for. I just don't know. 

[Doug Cotterill]

I thought the copyright notice in the book would say something like "no part of this book may be reproduced without express permission of....". 

 

Example:

 

"ALL RIGHTS RESERVED. This book contains material protected under International and Federal Copyright Laws and Treaties. Any unauthorized reprint or use of this material is prohibited. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without express written permission from the author / publisher." 

 

The publisher would be the first people to contact for permission, and you have.

[robertdo]

I think that authors give away their copyrights to the publisher for a certain amount of time. So I would think that even in case of death of the author, the publisher has latitude to give permission for pictures reproductions

[CarloBartolini]

if it is anything like music, if a work has been published, than the publisher is the one to contact, publisher will ask the author, if it has not been published than the author is the one. Also the author may be the best way to contact the publisher.

 

In music if it has been published and an author wants to give away the publishing rights, he needs to ask his publisher.

 

I had situations where the publisher did not want to release a song unless it was for an exorbitant amount of $, but once the artist was contacted, he got the publisher to release it without any publishing advance.

 

I had a situation of a song, live recording, which had in the middle, small pieces of three other songs, so we got all of the publishers and authors to sign it, the only one who gave us (the artist who wrote the song) a hard time was the artists own publisher, EMI, who would not release it unless he got a larger % of the song, my friend had to put him in the corner to get it released...(dude it's my song, my album, and I can't use it?)...but the publisher wanted to be in charge...it was bizarre...

[Tets Kimura]

Hi Roger.

You can contact Mr Yokoyama via his web site;

https://ssl.form-mailer.jp/fms/1fbd56fb80097

If you have any problem, please contact me. I can get his address/phone number from a colleague who used to work for him.

[Michael_Molnar]

Roger,

 

I have experience in this area. You need to get Yokoyama's permission. You should also cite in the photo caption the source of the photo.

 

Publishers will always try to hit you with a fee even when they are not entitled to it.

 

Disclaimer: I am not a lawyer and am not giving legal advice. 

[Doug Cotterill]

Hi Roger.

You can contact Mr Yokoyama via his web site;

https://ssl.form-mailer.jp/fms/1fbd56fb80097

If you have any problem, please contact me. I can get his address/phone number from a colleague who used to work for him.

 

That's awesome! Small world!

[CarloBartolini]

Mike's post below says it all, if you contact the publisher it will cost more than if the author says yes and lets the publisher know he wants nothing for it, conversely if you want to spend some extra money have your publisher contact his.

 

Since you have already contacted the publisher, I would contact the author before you get hit with a price...

 

Disclaimer - I am not a lawyer...or anything else...I don't even exist...

O Lord, help me to be pure, but not yet. - Saint Augustine.  

[not telling]

John Pringle's Alard (Amati) poster has been out of print for years. I wrote to him about it and he said he had a few laying around but wasn't authorized to sell them. Supposedly The Strad owns all of the material, in perpetuity, whether or not someone at The Strad decides to use all of the content owned by the corporation to make money.

So is it a copyright violation for anyone else to share knowledge that would help someone make The Alard? Probably, if that knowledge looks like the poster.

I'm so confused about the law. When someone owns a book or magazine and realizes others would benefit from the information, what does the law say about having an information free-for-all? Yes I would like to know. I like The Strad and wouldn't want to get a letter about any photos I have shared.

Apropos, I know everyone has bootleg copies of everything. It may be "wronger" to do that if you could be buying the book. What else are we supposed to do? The relevant books to the trade can be over $1000 each. Yes theoretically we would spend money on everything but at the moment, cannot.

I know all of this is a little off-topic but these are related questions...

[Julian Cossmann Cooke]

Roger,

 

I have experience in this area. You need to get Yokoyama's permission. You should also cite in the photo caption the source of the photo.

 

Publishers will always try to hit you with a fee even when they are not entitled to it.

 

Disclaimer: I am not a lawyer and am not giving legal advice. 

But you've played one on TV, haven't you Mike?

[Terrini]

As I recall for publishing an academic paper in North America, the publisher of the Academic journal has all the right to the paper.  The author cannot obtain his own paper without paying the fee.  Of course, the author can use the working paper (the version before submission).  So, even for academic, suppose to be open to public and benefit the public, the publishers are at work charging money

[not telling]

...today any photos I have previously put up on the scroll thread, which weren't taken by me, will be disappearing.

I appreciate this thread.

[Stephen Faulk]

I think somewhere in copyrights, in the US at least, there is often a clause which says there is limited use for educational purposes. So if you are a teacher and you make 15 copies of one page from a book in order to teach that subject. I think there are copyrights which allow that usage and others that do not. But you find that information on the page with the ISBN number...ISBN number that is redundant. 

 

I've never received a copyright infringement "nasty gram", but the Fender company is famous for sending them to those to use the Fender Telecaster or Strat headstock profile or any outline that looks like an exact copy of a Fender part. I think you have to go pretty far into the publishing process before someone takes legal action against you for using copyrighted material. Usually if you post it to a website they ask you to remove it and if you comply that is the end of it.

 

I am not a lawyer, or Saint, more like a line from T.S. (h)Elliot..."a pair a ragged claws shuttling across the floors of silent seas..."

[CarloBartolini]

in music, the copyright form say basically all you need to know, and it is pretty simple..

 

this are the literary and the visual arts I have not read them completely...but it may all be there..

 

if an author select "work made for hire" he looses the copyright rights.

 

http://www.copyright.gov/forms/formtx.pdf

 

http://www.copyright.gov/forms/formva.pdf

[Jim Bress]

As I recall for publishing an academic paper in North America, the publisher of the Academic journal has all the right to the paper.  The author cannot obtain his own paper without paying the fee.  Of course, the author can use the working paper (the version before submission).  So, even for academic, which suppose to be open to public and benefit the public, the publishers are at work charging money

Actually the publishers are nice enough to give the author one free copy.  Not really on topic, but it is very common to write an author about a paper you don't have access to and he/she will send you a pdf.

 

-Jim

[Urban Luthier]

John Pringle's Alard (Amati) poster has been out of print for years. I wrote to him about it and he said he had a few laying around but wasn't authorized to sell them. Supposedly The Strad owns all of the material, in perpetuity, whether or not someone at The Strad decides to use all of the content owned by the corporation to make money.

Not sure if it the same drawing, but I bought the Alard poster drawn up by Mr Pringle from the Ashmolean. You can purchase it through Amazon here 

 

http://shop.ashmolean.org/15-Violin-Alard-N-Amati/dp/B007DCIVAE

 

The poster sold by the Strad as I understand it the one drawn by Roger

 

[Urban Luthier]

Not to muddy the waters here, but does anyone know what MNs licensing agreement states about IP posted to this form? By agreeing to use Facebook for example, you give them a license to use your IP. In some cases that license can persist even after you've removed the content from your page!

 

From Facebook License agreement

 

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. 

[not telling]

Not sure if it the same drawing, but I bought the Alard poster drawn up by Mr Pringle from the Ashmolean. You can purchase it through Amazon here

http://shop.ashmolean.org/15-Violin-Alard-N-Amati/dp/B007DCIVAE

The poster sold by the Strad as I understand it the one drawn by Roger

There it is!

I was mixed up. But I did write to Pringle in 2009 and he said the Ashmolean owns his drawings. They didn't print it for 3-4 years at least. I think I last checked a year ago though.

This poster really was oop for years.

Well, delightful that these drawings can be purchased again.thanks!

As for whether there is some kind of acceptable use provision with educational and NFP use I doubt it after checking out the Strad's site, Orpheus, etc., today. Everyone wants this stuff for educational use!

So far the Strad online community rules, I see, are as consumer protection-regressive as facebook. But that's not unusual. So I hope Maestronet doesn't have the same sorts of rules. I doubt anyone would say that Roger can't sell or own his content. If it were made an issue as the book gets prepared for publication there would be a mass unsubscribing to the forum I'm sure.

[erocca]

 

[Brad Dorsey]

All this stuff about copyrights is interesting, but I would like to hear more about Stradivari's trip to Japan.

 

...I would really like to reproduce the photo on page 135 of Antonio Stradivari in Japan...

[not telling]

All this stuff about copyrights is interesting, but I would like to hear more about Stradivari's trip to Japan.

Surely we are misunderstanding something. A...picture? Photo? Of the man, Antonio Stradivari, in Japan? I guessed Roger meant a picture of a Stradivari that is in Japan, taken recently by a still-living photographer.

Ok, I too am interested to hear about photo technology in 1703. There is evidently a huge hole in my education. :-D

(See the VSA Journal, 1986)

[Tets Kimura]

http://www.amazon.com/Antonio-Stradivari-Japan/dp/4051006735

The book contains photos of Strads whose owners were Japanese, or in Japan at the time of publishing.

[Roger Hargrave]

http://www.amazon.com/Antonio-Stradivari-Japan/dp/4051006735

The book contains photos of Strads whose owners were Japanese, or in Japan at the time of publishing.

 

Thanks for the help!