Dvorak serenada for winds, op 44

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easiest2remember
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Dvorak serenada for winds, op 44

Post by easiest2remember »

Hi!

I uploaded this piece in the belief that it was not copyrighted, however i later discovered on one part that it says: London world Music copyright 1961 which would make it not public domain.
for that reason i removed the links from the page, however i probably need assistance in removing the files and/or maybe reviewing whether or not the piece might be public domain.
I was mislead because on the bottom of the clarinet part it says 3110/57.

the part that i removed from the wiki page (for people here to review whether it might actually be public domain) is:

||File Name 1=PMLP55651-Oboe1.pdf
|File Name 2=PMLP55651-Oboe2.pdf
|File Name 3=PMLP55651-Clarinet_1.pdf
|File Name 4=PMLP55651-Clarinet_2.pdf
|File Name 5=PMLP55651-Bassoon1.pdf
|File Name 6=PMLP55651-Bassoon2.pdf
|File Name 7=PMLP55651-Kontrafagott.pdf
|File Name 8=PMLP55651-Horn1.pdf
|File Name 9=PMLP55651-Horn2.pdf
|File Name 10=PMLP55651-Horn3.pdf
|File Name 11=PMLP55651-Cello.pdf
|File Name 12=PMLP55651-Bass.pdf
|File Description 1=Oboe 1
|File Description 2=Oboe 2
|File Description 3=Clarinet 1
|File Description 4=Clarinet 2
|File Description 5=Bassoon 1
|File Description 6=Bassoon 2
|File Description 7=Contra Bassoon
|File Description 8=Horn 1
|File Description 9=Horn 2
|File Description 10=Horn 3
|File Description 11=Violoncello
|File Description 12=Double Bass
|Page Count 1=
|Page Count 2=
|Page Count 3=
|Page Count 4=
|Page Count 5=
|Page Count 6=
|Page Count 7=
|Page Count 8=
|Page Count 9=
|Page Count 10=
|Page Count 11=
|Page Count 12=
I don't know how to remove files i once uploaded. if someone could tell me how i'd do it myself :-/

thanks in advance
greets
easy!
vinteuil
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Post by vinteuil »

Post a deletion message on each files or ask moderators to do it.
Sorry for re-adding the files - I'll take them off.
easiest2remember
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Post by easiest2remember »

Sorry for re-adding the files - I'll take them off.
thanks a lot!
maybe they are public domain?
On juilcat I found this:
http://library.juilliard.edu/search?/ad ... s&7%2C%2C7 which is the first publication in 1879
also i found this:
http://library.juilliard.edu/search?/ad ... s&2%2C%2C7
which comes closest to the print i had. which said london 1961.

i find the current laws (probably not only me) to be rather confusing. if you could take a look at one of the files and let me know i'd be very thankful!

greets
easy!
vinteuil
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Post by vinteuil »

Actually, these could be "urtext editions" in which case they would be out of copyrihgt in the EU and Canada - and if they didn't have proper copyright notice, this is before 1966, so they could be out of copyright in the U.S.
Unfortunately, I am not a user in the group copyrightreview, so I can't look at the files.
Carolus
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Post by Carolus »

If the edition being referred to here is the one edited by Sourek and issued by Supraphon / Artia as part of the Dvorak complete works, it is not under copyright any more.

1. The US copyright was not renewed, and the piece has been reprinted by Kalmus (Presently for sale as A6778). I think Dover may have reprinted this score as well.

2. Because of the Urtext nature of the edition, it was subject to a maximum term of 30 years from publication in the EU and thus ineligible for GATT restoration in the US. (Copyright expired no later than 1/1/92).

3. Because of the threshold of originality requirements, the edition in question was probably never subject to copyright in Canada. Add in the fact that copyright has expired even in the EU, and the case for any protection is practically non-existent. (The Dover score, like other Dover reprints from the Supraphon Complete Works, is available in Canada.)

If this was an International edition, we have a different issue in play. International does not publish urtext editions for the most part. Even if it were an urtext edition, the status of such editions under US law has not been determined in any court case directly. Until such a case is decided, such editions are subject to the same rules as original works in the USA. So, an International edition (published in the US) would most likely be subject to 95-years from publication in the USA (unless by some miracle they forgot to renew in 1989), life plus 50 of the last surviving editor in Canada, and life-plus-70 in the EU. You can check the renewal status easily, since all the 1989 renewals are in the US Copyright Office online database.
Last edited by Carolus on Sun Nov 23, 2008 11:09 pm, edited 1 time in total.
easiest2remember
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Post by easiest2remember »

unfortunately i don't know who edited this print. the only thing i can tell (because i only have the parts) is the copyright notice on the bottom.
it says:
@World Copyright 1961 by MUSICA RARA, London, W.C.2 M.R.1O39
i looked in a couple of the online catalogues but couldn't find the edition :-/. well if somebody knows more to this edition and whether it's fine to upload it, i will reupload it.
It's an awesome piece and it'd be great to have it on IMSLP, especially because it's superb quality scanning ;)
Carolus
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Post by Carolus »

My bet is that the 1961 copyright claim is bogus. Musica Rara typically issued reprints of much older editions. The work was first issued by Simrock back in the late 1870s or early 1880s. We'll be able to tell when we look at the files.
easiest2remember
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Post by easiest2remember »

alright, i did some research.
one of the parts (i got them from the library) is actually published by International Music co., NYC
on their website i found out this:
http://www.internationalmusicco.com/sea ... lyr,Alias1
and notice there is no asterisk next to the title or the number, which means the legal notice with copyright warnings does NOT apply. so at least for the clarinet part i'm almost 100% sure it's legal to upload it (if the publisher says its public domain ....)

greets
easy!
easiest2remember
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Posts: 15
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Post by easiest2remember »

@carolus: do you want me to upload them again? can I set them up so only copyright review people can look at it?
actually - i just realized you can still look at the files here:
http://imslp.org/wiki/Special:Contribut ... t2remember

found this on worldcat:
http://www.worldcat.org/oclc/86000372&r ... ef_results

now almost certain this edition is public domain.

thanks
Carolus
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Post by Carolus »

No need to. I already took care of it by making a new page. Musica Rara reprinted the Supraphon parts - except for the 1st Clarinet, where International appears to have reprinted the old Simrock part. The Clarinet 1 part is a somewhat rare case of International just reprinting an older edition.
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