Paganini Caprices for Cello

[Generoso]

Hello, I am new here and I love your IMSLP. It is great!

I have a question.

I have a photocopy of the 24 CAPRICES by Paganini for Cello Solo Transcribed by Silva. The Copyright at the bottom of the page says (Copyright 1952 by G. Ricordi ).

Would this be under copyright still or is it considered PD Public Domain?

Would I be able to upload it to this site? After I figure out how to Scan It of course. Or is it not allowed?

Thanks,

[imslp]

Hi Generoso! Unfortunately your copy is not in the public domain in Canada yet, because Luigi Silva died in 1961. And thus your copy would become public domain in 2012, which means that it is still under copyright as of now...

Thanks for the offer though I'm very glad you found IMSLP useful for you!

Yours,
Feldmahler

[Generoso]

Thank you. That is very helpful. Getting to figure out these Copyright years is going to get a while to get used to. But this gives me a good start on how to figure it out. I saw the page on Copyrights but it was a bit confusing.

[imslp]

Basically, a work is in the public domain in Canada if the following three conditions are true:

1. The composer died more than 50 years ago
2. The editor (if any) died more than 50 years ago
3. The publication was first published more than 50 years ago (reprinting public domain publications does not grant copyright; and so reprints are in the public domain as well)

Hope this helps!

[Generoso]

So I suppose now (It is Jan. 2012) the 24 CAPRICES by Paganini for Cello Solo Transcribed by Luigi Silva are public domain??? The Copyright at the bottom of the page says (Copyright 1952 by G. Ricordi ). Is it ok to upload??

[KGill]

Yes, it would certainly be OK to upload, though unfortunately it would still be blocked with [TB] since it remains under copyright in the US (it was renewed) and the EU.

[Generoso]

Thanks, I have another version that is an edition from Russian. Would that be the same?

[KGill]

I think it would amount to the same thing, if it was published after the original 1952 edition.

[natecello]

please please post!!! its legal!!!! its 2012~~~~!!!!!

[KGill]

please please post!!! its legal!!!! its 2012~~~~!!!!!

Well, if you see my above post of 2:14PM EST on 1 Jan., there wouldn't be that much point to posting it on the site, since no one would be able to access it. In that sense, its legality in Canada is something of a moot point.

[davideric]

Hi, is it still under copyright at this moment? Can't wait to see it and practice my cello with it. Or anybody gets publishable edition? daviderc

[steltz]

Effectively, it will still be blocked. I wrote in a post on another topic that I thought the policy is that it has to be PD in 2 of the 3 big regions -- the US, the EU, and Canada.

Kenny Gill corrected me, athough it doesn't change the outcome of the availability through IMSLP:

"This is more of a partially true unintended technical consequence of the current setup than an actual policy. For general clarity:

PD in Canada, US, EU --> accessible through Canadian server
PD in Canada, US only --> accessible through Canadian server
PD in US, EU only --> accessible through US server
PD in Canada, EU only --> accessible through EU server
PD in Canada only --> inaccessible
PD in US only --> accessible through US server
PD in EU only --> accessible through EU server (very unlikely to occur)
PD nowhere --> removed from site

So, actually, files are completely inaccessible in only two cases - out of the three possibilities of being PD in only one jurisdiction, two will still allow the file to be accessed."

Unfortunately, this particular edition of the Paganini, because it was edited by someone who died in 1961, falls under:

PD in Canada only --> inaccessible

If you live in a country with a life+50 copyright law, and you can find a library with it, you can legally photocopy for yourself (or anyone else using the music in that country), but unfortunately, it cannot be made available on this site.

[IMSLP fan]

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