Legal Question in Intellectual Property in Illinois

Internet Music Publishing and the International Public Domain

I am in the process of starting an Internet-based music publishing company. I am hoping to find answers to a few questions I have concerning international copyright law in music publishing. I would like to engage your company to help me solve the following questions. I have other questions but need to address these issues immediately, as they are essential to our company operation (avoidance of lawsuits).

1. How can we protect music that is public domain in the United States but not in Europe (or visa versa) when using the Internet for distribution?

2. Even if we require, when using our website, the registration of an U.S. credit card and an U.S. permanent address, what could happen, legally, in the following hypothetical situations?

- An American resident traveling in Europe prints digital sheet music that is not in the European public domain while she is on European soil.

- An American resident purchases digital sheet music (which therefore becomes her intellectual property) and then emails the document to a friend in Europe where it is printed on a home computer.

Thank you.


Asked on 1/31/02, 12:38 pm

1 Answer from Attorneys
Adam Hirshfield Adam E. Hirshfield, Esq., PLLC

Re: Internet Music Publishing and the International Public Domain

In answer to your second question: purchasing a copy of sheet music (or anything else for that matter) does not make the sheet music the purchaser's "intellectual property." However, under the "first sale doctrine" once someone lawfully obtains a lawfully made copy of a protected work, that person may, subject to certain limitations, dispose of it as they see fit. She couldn't keep a copy and e-mail a copy to a friend, that would mean (at least) one additional copy of the music would exist. However, the person buying the sheet music from you would be liable for any infringement, not your company (based on the facts you've presented).

Your first question would require some additional research and I can't answer it off the top of my head.

Also, I don't understand why you think having a CC number and U.S. address would protect you.

Good luck with your venture,

Adam

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Answered on 1/31/02, 12:55 pm


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