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The bulk of the musical talk
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BVD Press
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Re: ...

Post by BVD Press »

Not sure about other countries, but in the US if you find anything with a before 1923 you are good to go. Many pieces are public domain, but a specific version may not be because it was published after 1923.

I do know some countries go by the composers death date rather than a publication. Basically if a piece is PD in England it may not be here in the US. It is all too complicated for my little brain.
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Rick Denney
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Re: ...

Post by Rick Denney »

the elephant wrote:Some estates of deceased composers renew copyrights on the their family member's entire catalogue of works on a regular basis so that it is forever copyrighted.
Before the law changed in 1979, U.S. copyrights had a term of 28 years and could only be renewed once. Thus, anything copyrighted in the U.S. before 1923 (56 years prior to that change in the law) would have gone into the public domain before that law took effect. Once in the public domain, always in the public domain, with very few exceptions. Stuff copyrighted up to 1951 might have gone into the public domain if the original copyright was not renewed. That's why if it has a U.S. copyright notice and a date prior to 1923, it's golden, but if the date is between 1923 and 1951, then more research is needed. If the date is later than that, it was still protected when the new law took effect.

The law aligned U.S. copyright protections with international laws, and anything still protected by copyright when it took effect in 1979 would have been subject to the new law. The protection is NOT renewable, but it did provide protection for a period of 70 years following the death of the author, or 70 years following the publication data for anonymous works or works for hire. That has been increased, mostly because Disney doesn't want to lose the copyright on Mickey Mouse. I think it's over 100 years now. Something that was published in late 1923 that was still protected in 1979 would have had the protection period increase AT LEAST to 1993, and possibly much later, depending on the publication date or the dates of the author. And I seem to recall that the law has changed to increase that term before anything lapsed into the public domain.

Stuff published prior to 1979 was required to have a copyright notice to establish protections. After that time, that was no longer a requirement, though it did shift the burden of proof in an infringement case. For example, some of the uncopyrighted service manuals for my mid-70's motorhome are now in the public domain because they did not include notices when they were published.

So: U.S. copyright notice prior to 1923--now public domain and no longer protected.
U.S. copyright notice 1923-1951--possibly public domain if the original copyright was never renewed.
U.S. copyright notice later than 1951--still protected.
No copyright notice, but published in the U.S. prior to 1979--now public domain, but you may get the opportunity to prove that it had no notice in court.
No copyright notice, but published after 1979--protected.

Thus, the only thing you can be sure about is the stuff with a copyright notice prior to 1923. Everything else requires research.

Rick "thinking the original purpose of copyright law, which is to make stuff available to the public, has been subverted" Denney
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jacojdm
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Fanfare....

Post by jacojdm »

FYI After this discussion arose, I ordered a copy of the score and the parts from Hal Leonard with our daily order on Monday. It arrived today.
I'm confident that your local music store could do the same.
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Re: ...

Post by Mike Forbes »

Bryan:

John Stevens has already done a version of Fanfare La Peri for 8-part tuba ensemble...it sort of works. A bit muddy for my tastes, but to make it less muddy, the euph's would be screaming and you'd need some serious horses on tuba. The chords (as you know) are a bit full.

Mike
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