UK Music Publishers Association Tries To Hide CopyFraud

Since I’m in the middle of something, and the people in question have given permission to quote them, that’s what I’m going to do. First from Techdirt:

UK Music Publishers Issue DMCA Takedown On Public Domain Sheet Music

from the there-is-no-public-domain dept

It was just a few months ago that we noted how music publishers were annoyed at the International Music Score Library Project (IMSLP), which has aggregated music scores of public domain music. We noted that it occasionally received copyright threats, and now it’s received another one. The UK Music Publisher’s Association (note: not a specific publisher) issued a DMCA takedown over some public domain music (Rachmaninoff’s The Bells), and GoDaddy (as it seems to regularly do) took down the site. Nice of them.

IMSLP and its supporters are apparently looking to see if they can file a copyrfraud lawsuit against the UK MPA for the bogus takedown. Even more bizarre is that the MPA is now trying to hide the fact that it sent the takedown in the first place, demanding that the director of IMSLP takedown the takedown notice. Amusingly, in the response to the MPA, the person from IMSLP notes that their last email was sent to the imslp.org domain… which is useless:

I note that one of the receipients of your 21/04/2011 11:23 email is feldmahler@imslp.org. Because you caused, via a bogus DMCA takedown notice, imslp.org to be removed from the internet, that email address will not work.

Of course, the punishment for filing false DMCA notices is pretty minimal, so these sorts of situations will keep happening. It’s really too bad that GoDaddy took down an entire site over a single DMCA notice, but the law encourages that sort of censorship approach.

Second, the original post from the IMSLP quoting the entire email sent to GoDaddy:

IMSLP under attack by Music Publishers Association (UK)

Postby imslp ยป Wed Apr 20, 2011 7:49 pm

IMSLP is currently under an extraordinarily underhanded legal attack by the Music Publishers Association of UK (http://mpaonline.org.uk). 

The MPA, without notifying us, sent to our domain registrar GoDaddy a bogus DMCA takedown notice. GoDaddy took the entire IMSLP.ORG domain down. IMSLP has filed a DMCA counter notice with GoDaddy, however, the DMCA seems to require the registrar to wait no less than 10 days before restoring service. This means that IMSLP is inaccessible from IMSLP.ORG during this period of time. We will be working to restore service as soon as possible.

What is the MPA complaining about? Rachmaninoff’s Bells, which is public domain both in Canada and the USA: http://petruccilibrary.org/wiki/The_Bel … _Sergei%29 MPA’s claim is entirely bogus.

Workaround: You can still reach the site by using either petruccilibrary.org or petruccimusiclibrary.org Note, however, that some links on the site that refer to IMSLP.ORG may be broken; you will have to manually replace IMSLP.ORG with one of the two above domain names manually in the URL bar.

Anyone who is interested in suing or helping to sue the MPA under DMCA section 512(f) (misrepresentations) please contact me at imslproject <at> yahoo.ca. Note that the feldmahler <at> imslp.org address is likewise offline.

The following is the e-mail that GoDaddy received from the MPA. IMSLP / Project Petrucci LLC grants everyone permission to reproduce it in part or in its entirety. I also grant everyone permission to reproduce the above post in part or in its entirety. Please feel free to make this incident as widely known as possible.

Dear sirs 

We, the Music Publishers Association, take action to remove unlicensed
copyright material from infringing websites.

We understand that Godaddy are the sponsoring registrar for the website
http://www.IMSLP.ORG which makes available unlicensed copyright protected sheet
music notation which is an infringement of copyright. By assisting this
website, Godaddy are liable to pay damages for secondary copyright
infringement once notice of the infringement has been given.

We therefore request that you withdraw from all associations you have
with http://www.IMSLP.ORG and retract their
domain name so that the website cannot be accessed.

An example of the infringing material on http://www.IMSLP.ORG is ‘The Bells’ by
Rachmaninov which can be reached via:

http://imslp.org/wiki/The_Bells,_Op.35_ … ff,_Sergei)
http://216.129.110.22/files/imglnks/usi … score_.pdf

This material is copyright protected in most counties including all
European countries and the USA.

Here are the registrant’s details to the best of our knowledge:

Registrant Name:Edward W. Guo
Registrant Organization:Project Petrucci LLC
Registrant Street1:205 S. Charles St.
Registrant Street2:
Registrant Street3:
Registrant City:Edwardsville
Registrant State/Province:Illinois
Registrant Postal Code:62025
Registrant Country:US
Registrant Phone:+1.6186565143
Registrant Phone Ext.:
Registrant FAX:
Registrant FAX Ext.:
Registrant Email: imslproject@yahoo.ca

We have good faith belief that use of the material in this manner is not
authorized by the copyright owner or the law.

The information in this notification is accurate and we confirm, under
penalty of perjury, that we are authorized to act on behalf of the
copyright owner of an exclusive right of that is infringed.

I would be grateful for your response detailing your undertakings by 3
May 2011.

Yours faithfully,

Jake Kirner
Printed Music Publishing Administrator
Music Publishers Association
6th Floor, British Music House, 26 Berners Street, London W1T 3LR
Direct Tel: +44 (0)20 7637 4052
Fax: +44 (0)20 7637 3929 (please confirm fax by sending me an email)
jkirner@mpaonline.org.uk <mailto:jkirner@mpaonline.org.uk>
http://www.mpaonline.org.uk <http://www.mpaonline.org.uk/&gt;
the_MPA on twitter <http://twitter.com/the_MPA&gt;

imslp
Site Admin
Posts: 1289
Joined: Wed Dec 31, 1969 7:00 pm

I think you can draw your own conclusions from the evidence.

Wayne Borean

Friday April 22, 2011

 

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