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“Open Goldberg Variations – BWV 988 – 27 – Variatio 26 a 2″ Youtube Upload: False Claims and Disputes Report

October 10, 2013

Source Type: Sound Recording
Source: “Goldberg Variations – BWV 988 – 27 – Variatio 26 a 2”
Music by J.S. Bach, 1741
Recording/Performance on Piano by Kimiko Ishizaka
Released as part of the Open Goldberg Variations Project and funded on Kickstarter

Notes on Copyright Status:

Bach’s music, the Open Goldberg Variations, are in the public domain due to having been written in 1741, making them too old to be copyrighted in the U.S.

Kimiko Ishizaka’s recording of her performance of the Goldberg Variations is in the public domain because she released it into the public domain using the Creative Commons Zero Waiver on May 28th, 2012.

Download it for free at: http://www.opengoldbergvariations.org/

False Copyright Claims on This Recording:

Two false claims were made, one to the standard “one or more music rights publishing societies” and another to “The Harry Fox Agency, Inc. (HFA).”

Contact Info of Claimant:

An email form for the Harry Fox Agency can be found at this link:

http://www.harryfox.com/public/ContactUs.jsp

Information on My Attempts to Contest the Claim (to be updated when appropriate):

I sent an email to the Harry Fox Agency via the above contact link explaining the situatio. I chose “Miscellaneous” as the subject from the drop-down menu. I was given an automatic “message received” email and was assured that I would be contacted within 1 business day. So, as usual, I will give them 24 hours before filing a claim dispute. I will update when things progress.

Update: Despite waiting two days, and despite the automated response’s claim that I would receive a reply after the next business day, I never got anything, so I submitted a dispute on 9/20/2012.

Resolution: The Harry Fox Agency Inc. and one or more collecting societies released their claims on 10/20/2012.

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2 Comments
  1. Do you mind if I quote a few of your articles as long as I provide credit
    and sources back to your website? My website is in the very same area
    of interest as yours and my users would really
    benefit from a lot of the information you provide
    here. Please let me know if this alright with you. Cheers!

    • Hi Vallie,

      I’m a huge supporter of Free Culture (my primary/personal blog, The Vertigo of Freedom, has a lot more articles about these kinds of issues, and information on related subjects, and I’ve released a novella, “Roadkill,” into the public domain via CC0). I haven’t really made it clear on this particular blog, but I consider everything I write and post to be in the public domain (I need to post a CC0 Waiver on here somewhere); I don’t believe in copyright at all.

      As such, you don’t need to ask my permission to quote or even repost any of my articles. I’d be very happy to see any information I share be spread. (Of course, if I quote someone else, then I can’t speak for that material’s permissions, but mostly everything written on this blog was written by me.)

      Giving credit to me (you can refer to the author as Leonard Kirke or Leo Kirke, either is fine) and providing sources/links back to my sites would be appreciated, though, thank you! I’d also love a link to wherever you post it. I love seeing where and how my work is remixed and shared, etc. Thanks very much for the kind words, and for wanting to share my work!

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