BBC discusses implications of IMSLP case

The BBC has published an article by law professor Michael Geist analyzing the legal implications of the intimidation of the IMSLP by Universal Edition's copyright attorneys, which led to a shutdown of the popular public-domain orchestral music site last month.

Although IMSLP is on safe ground under Canadian law, the European perspective on the issue is more complicated.

There is no question that some of the site's music scores would infringe European copyright law if sold or distributed in Europe. However, the IMSLP had no real or substantial connection - the defining standard for jurisdiction - with Europe.

Indeed, if Universal Edition were to file a lawsuit in Austria, it is entirely possible that the Austrian court would dismiss it on the grounds that it cannot assert jurisdiction over the Canadian-based site.

And even if it did assert jurisdiction, it is unlikely that a Canadian court would uphold the judgment.

If Universal Edition is correct, then the public domain becomes an offline concept, since posting works online would immediately result in the longest copyright term applying on a global basis.

Moreover, there are even broader implications for online businesses. According to Universal Edition, businesses must comply both with their local laws and with the requirements of any other jurisdiction where their site is accessible - in other words, the laws of virtually every country on earth.

Indeed, the question of jurisdiction has been a problem for the Internet for years. The U.S. Congress is constantly frustrated that it has no jurisdiction over, say, gambling sites in Caribbean countries. It's actually surprising that this copyright matter hasn't emerged as a test case in some other industry. Google Books, for example.