Public domain in country of origin

horndude77 · Post by **horndude77** » Sun Sep 14, 2008 4:18 pm

I recently uploaded three of the Maxime-Alphonse horn etudes which have been marked as non-PD in the US. Since they are PD in France (where they were published and the nationality of the author) wouldn't they also be PD in the US?

There are other pieces in a similar situation. For example, the Hans Gal edition of the Brahms Symphonies which were published about the same time (~1926) would not be PD in the US if they were not public domain in Germany.

Is there a different rule that I am unaware of?

Thanks!

Post by **Carolus** » Mon Sep 15, 2008 6:15 pm

The short answer is "no." If the Maxime-Alphonse volumes in question have been published after 1923 with the correct notice and renewed - or if they filed the NIE under GATT/TRIPs before 1998 - they will be subject to the full 95-year term in the USA.

Most of the larger French publishers - Durand, Leduc, etc. - were amazingly good about following the formalities under the older US law. Durand even managed to renew items during the years of Nazi occupation in WW II.

horndude77 · Post by **horndude77** » Tue Sep 16, 2008 1:54 am

Ok, that makes sense. Thanks for the response.