el frances wrote:Hey, guys!
Long time no see
I have a dozen pages of parts (+tabs) for Soleares por arriba and por medio of Diego del Gastor. The only problem is that it is from a book and I guess I don't have the right to share it, do I? I will let the administrator tell me more about this point.
I assume that the book is copyrighted. If so, copyrighted materials cannot be posted. However, the Diego del Gastor falseta tabs in that book probably aren't actually protected by the book copyright for several reasons.
Imagine that you took a high-quality photograph of the Mona Lisa painting. You could not copyright your photograph, because (I assume) you don't own the painting. Unless you obtained permission from the owner to take that picture, you made an illegal copy that you have no more legal right to than anyone else who doesn't own the painting. The same would be true whether you made a film photograph, a digital photograph, or a photograph using any other image-recording technology.
When someone writes standard musical notation or tabs for another person's music they are recording that music in a way that allows replicas of the original music to be produced. The recording technology is different, but in principle doing that is no different than taking a digital photograph where an image is saved as a series of numbers (tabs) that can be read by a computer (or even a human with enough work) to reproduce the image. Someone who does that has no more right to copyright protection than does someone who photographs a painting they don't own. Diego del Gastor owed the music that he created. Unless the book author licensed the music from Diego or another legal owner, if there is one, the book author cannot claim copyright protection under law.
Another complicating factor is that Diego originated only fragments of the music that he played. Most of his music simply modified and extended music created earlier by many others. The only fragments that Diego owned were his modifications and extentions. That raises an additional complication, because even though he clearly owned those fragments, short phrases or expressions that are part of a greater work cannot be protected by copyright.
Even if Diego had solely-created all parts of his music, there still would be another important issue. Short portions of a larger copyrighted work can be legally copied for educational purposes. Flamenco falsetas usually are short portions of larger works.
-Bob