Uploading onthe US Server

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Zeyar Shwe
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Uploading onthe US Server

Postby Zeyar Shwe » Thu Sep 07, 2017 2:33 pm

I have tried uploading on US server for the scores which were copyright in US only. I used the upload form on the IMSLP upload page and the message popped up that I have no permission to upload on the server.
Please advise me how to upload on the US server.

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Re: Uploading onthe US Server

Postby Choralia » Thu Sep 07, 2017 9:18 pm

Are you sure that you used the specific link to upload to the US server? The link is not very prominent:

us_upload.png
us_upload.png (25.27 KiB) Viewed 265 times

If you did, can you provide any details to reproduce the problem?

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Re: Uploading onthe US Server

Postby coulonnus » Fri Sep 08, 2017 5:36 am

Do you mean uploading a PD-US only score? Then see http://imslpforums.org/viewtopic.php?t=6659

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Re: Uploading onthe US Server

Postby Zeyar Shwe » Fri Sep 08, 2017 10:18 am

Hi Max ,
Thank you Max. Yes. I uploaded it on the form that you pointed with the red arrow, and I have found out that only an admin can upload on the US-server. In the forum I found out that I can apply to be an admin or ask an admin to upload for me. Since I have not that many scores for US-SERVER, I do not want to apply to be an admin and probably will ask an admin to do it for me.

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Re: Uploading onthe US Server

Postby Choralia » Fri Sep 08, 2017 11:02 am

Zeyar Shwe wrote:I have found out that only an admin can upload on the US-server

No, this is not correct: anybody should be able upload scores on the US Server. The admin-only upload process was required on the old server, while it is now possible by all users since the new server is up and running (August 2015). Is there anything preventing you to complete the process?

Max

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Re: Uploading onthe US Server

Postby coulonnus » Fri Sep 08, 2017 7:29 pm

But if Zeyar Shwe's upload works, isn't there a subtle copyright issue, because an European did the upload job?

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Re: Uploading onthe US Server

Postby Choralia » Sat Sep 09, 2017 11:30 am

coulonnus wrote:isn't there a subtle copyright issue, because an European did the upload job?

Yes, it's definitely a subtle and quite debatable issue, in my opinion.

My two cents: as IMSLP is incorporated in the US, a copyright infringement notification should be submitted according to the US procedures and to the competent US body. However, as no infringement occurred in the US (assumming of course that the score is actually PD in the US), I guess that the competent body will not convalidate the notification.

In principle the copyright holder may sue the user who uploaded the score, but then one should prove that the user was physically located in a country where the score was still under copyright at the time the score was uploaded, and submit a copyright infringement notification according to the procedures and to the competent body of that country. A user can travel from a country to another country and perform the uploading when he/she is in a country where the score is PD, so the fact that the user is resident in a given country does not imply that he/she is subject to the same laws where he/she is on travel somewhere else. Or, the user may physically give (lend, or sell) his/her copy of the score to somebody else who uploads it from a country where the score is PD, possibly also using the access credentials of the user. So, even identifying the procedure and the country where the copyright infringement notification should be submitted might not be completely obvious.

Another factor to consider is that the score is made publicly available through IMSLP only after the copyright reviewers have evaluated its copyright status. So, the user actually makes a digital copy and uploads it for a very specific purpose, i.e., to allow copyright reviewers determining the copyright status of the score. No other copies are made by the user. It is unlikely that this kind of copy can be considered as a copyright infringement performed by the user, as the copy is only distributed to a small number of persons and just for reviewing purposes. In most countries specific provisions exist, which authorize copying for this kind of purposes. So, again, the arguments that the copyright holder can use to sue the user look quite weak to me.

Anyway, I'm not a lawyer and these are just my two cents. I'm curious to hear what others think about this.

Max

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Re: Uploading onthe US Server

Postby Zeyar Shwe » Sat Sep 09, 2017 10:42 pm

Hi Max and coulonnus,

Thanks for all the replies. Actually I have tried uploading on the US- server from the IMSLP upload page, and I could not upload- because the message popped up that I have no permission to upload on the server. And I uploaded on the IMSLP server explaining in the Misc. Notes, that I could not upload on the US-server.

Regarding the copyright issue, here is my question. If an admin upload it from outside the USA, is he or she not the admin infringing the copyright?

Max, if anyone can upload now on the US- server, why was I denied the upload?

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Re: Uploading onthe US Server

Postby Choralia » Sun Sep 10, 2017 6:20 am

Zeyar Shwe wrote:If an admin upload it from outside the USA, is he or she not the admin infringing the copyright?

Generally speaking, a score cannot be copied (including digital copies, i.e., scans) in a given country if it is copyrighted in that country. So, the copyright infringement would occur even before the scan is uploaded.

However, in most countries copies can be freely made for certain purposes. These exceptions vary from country to country, and they are sometimes denoted as "fair use", "fair dealing", and other terms. The most common exception is making a backup copy for personal use in the case the original is lost or damaged. Other exceptions often exist related to teaching, reviewing, performing for religious or charity events, adapting for use by persons with some kind of handicap, and so on.

If the user who submits the copyrighted score can invoke any of these exceptions for his/her submission (e.g.: the submission was done to determine the copyright status by the IMSLP copyright reviewers team), this can be used as an argument of defense in the case of an alleged copyright infringement notification to the user. Otherwise, the infringement occurs when the copy is made, so even before the uploading.

Please note: I'm not a lawyer, bla bla.

Zeyar Shwe wrote:Max, if anyone can upload now on the US- server, why was I denied the upload?

I need to know what is the step of the process that is denied to you. It should normally work as follows:

1) click on the "this upload form" link on the IMSLP upload page;

2) at this point your browser should be directed to the US server, so the URL in the address bar should change and begin with petruccilibrary.us. A new page will be shown, allowing to upload one or more files directly to the US server;

3) after uploading one or more files to the US server your browser should be re-directed back to the main IMSLP server (URL beginning with imslp.org).

Which is the step where you get the denial message? What is the URL shown on the address bar of your browser at that time?

Max

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Re: Uploading onthe US Server

Postby Zeyar Shwe » Sun Sep 10, 2017 7:03 am

Hi Max,
I clicked on the "this upload form" link on the IMSLP upload page. But I do not know whether the URL has changed, ( I did not look). To try and find out the process I was going to try and upload on the US server for the score which is copyright in US only. I was going to try uploading harp scores by Marcel Grandjany, who died in 1975 but the work was published in 1921. But on Marcel Grandjany's page there was no ' Add Work' button!! So I could not try.

When I come across a score that has to be uploaded on the US-server, I will look out whether the URL has changed after clicking on the'' this upload form" link.

Thanks again for all your replies.

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Re: Uploading onthe US Server

Postby Choralia » Sun Sep 10, 2017 7:23 am

Zeyar Shwe wrote:on Marcel Grandjany's page there was no ' Add Work' button!!

Uhm, this looks like a bug. As a workaround, you can invoke the Add Work page using:

http://imslp.org/wiki/Special:AddWork/Grandjany%2C_Marcel

I hope this bypasses all problems.

Max

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Re: Uploading onthe US Server

Postby Zeyar Shwe » Sun Sep 10, 2017 9:48 am

Dear Max,

Thank you very much. Using the link supplied by you I have successfully uploaded 3 harp scores on the US-server.


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