General Questions

[Mato]

Hi all
I've read all the copyright information on the website but just want to clarify a couple of things.

Firstly, when people upload an edition of a piece, and the infobox lists "Publisher Info: Breitkopf & Hartel" and "Reprinted: Dover", does this imply that the uploaded file is the Dover edition, or simply that it has been reprinted, and if so how does one determine who published the uploaded file.

Secondly, I have a score of Rachmaninoff's Preludes which says:

"Copyright by Edition A. Gutheil
Copyright assigned 1947 to Boosey & Hawkes Inc., New York, U.S.A"

a) The score is unedited and as Rachmaninoff died in 1943 this places the score in Public Domain in US & Canada - does this mean that the 1947 is insignificant with regards to uploading rules here? and
b) Would one upload this file listing Gutheil as the publisher and Boosey as the reprint?

Lastly, if the dates death of involved persons and the date of the original publication are the only dates to be taken into account, does this mean notices such as copyright dates added by the publisher can be ignored as such?

Sorry if these questions sound stupid or self-explanatory, I've read a lot and it has confused me somewhat!

Thanks in advance

Tom

[KGill]

Firstly, when people upload an edition of a piece, and the infobox lists "Publisher Info: Breitkopf & Hartel" and "Reprinted: Dover", does this imply that the uploaded file is the Dover edition, or simply that it has been reprinted, and if so how does one determine who published the uploaded file.

Most Dover editions are just reprints of older editions - so both, actually. The score was originally engraved and sold by Breitkopf, and after it fell out of copyright it was just photocopied and rebound by Dover and put back into print. So both of them published it at some point.

Secondly, I have a score of Rachmaninoff's Preludes which says:

"Copyright by Edition A. Gutheil
Copyright assigned 1947 to Boosey & Hawkes Inc., New York, U.S.A"

a) The score is unedited and as Rachmaninoff died in 1943 this places the score in Public Domain in US & Canada - does this mean that the 1947 is insignificant with regards to uploading rules here? and
b) Would one upload this file listing Gutheil as the publisher and Boosey as the reprint?

a. Only the original copyright date should matter, not the date of reassignment. If they reassigned it at the same time it was renewed (I think this was common) then it has to be out of copyright in the US, given the year.
b. That works, sure.

Lastly, if the dates death of involved persons and the date of the original publication are the only dates to be taken into account, does this mean notices such as copyright dates added by the publisher can be ignored as such?

Well, the date of original copyright that appears on a score was for decades a requirement under US law - without it the copyright would be nullified the minute a copy was sold in the US. So the original date of publication should be exactly the same as the printed date on the score; if it isn't then it's fraudulent.

[Mato]

Thanks for your reply - it's a great help, just a couple more things!

I'm a bit confused where you mention renewal of copyright...would this have any effect on whether it could be uploaded to the project? Can editors just renew the copyright at any point to protect their edition?

Also when I said "does this mean notices such as copyright dates added by the publisher can be ignored as such?" I meant (for example) I have an edited version of Bruch's Violin Concerto No. 1, which says "Copyright 1949", which presumably is when this version (with editions) was first published. But this doesn't have any bearing on uploading does it? It's just the date of the first publication of the work?

Thanks again

[KGill]

I'm a bit confused where you mention renewal of copyright...would this have any effect on whether it could be uploaded to the project? Can editors just renew the copyright at any point to protect their edition?

No - under US law, until 1964 publishers were required to file renewals after a period of 28 years from the original date of publication to retain copyright for the full (then) 75 years (now it's been retroactively extended to 95). Starting in 1964, this renewal was automatic, and in 1978 the law shifted to life+70 so the date itself isn't so much of a worry. What this means for IMSLP is that if any score published after 1922 appears with the proper copyright notice ('copyright' or the symbol plus a year on the first page of music) and was renewed after the 28-year period, then it's protected for a total of 95 years (terms run to the end of the year, so technically a little over 95 years); that is for all intents and purposes immutable.

Also when I said "does this mean notices such as copyright dates added by the publisher can be ignored as such?" I meant (for example) I have an edited version of Bruch's Violin Concerto No. 1, which says "Copyright 1949", which presumably is when this version (with editions) was first published. But this doesn't have any bearing on uploading does it? It's just the date of the first publication of the work?

Ah, I must have misunderstood, sorry. If it is a new edition of the work, then that date is the valid date of publication/copyright and it would still get the 95 years of protection. So in this case, the score would fall into the PD in the US on 1 Jan. 2045, assuming a renewal was filed.

[Mato]

Ok that's great thanks!