Grace M. Bolen

[piano78327]

Does the rule of the shorter term also apply for EU countries here?

https://imslp.org/wiki/Category:Bolen,_Grace_M.

[ScoreUpdater]

Yes; in general, Grace M. Bolen's compositions which were published in 1928 or earlier (and beginning on January 1, 2025, in 1929) are in the public domain in the USA, and under the EU Rule of the Shorter Term, are also in the EU public domain in most countries.

You can read more about the RoST here: https://imslp.org/wiki/Public_domain#Ru ... ter_term_2

[piano78327]

Yes; in general, Grace M. Bolen's compositions which were published in 1928 or earlier (and beginning on January 1, 2025, in 1929) are in the public domain in the USA, and under the EU Rule of the Shorter Term, are also in the EU public domain in most countries.

You can read more about the RoST here: https://imslp.org/wiki/Public_domain#Ru ... ter_term_2

This means that in Austria, Denmark, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Portugal, Spain and Sweden, they are still fully copyrighted?

[Sallen112]

Correct, since the composer died in 1974, the composer is still copyrighted in all Life + 70 countries.

[piano78327]

Correct, since the composer died in 1974, the composer is still copyrighted in all Life + 70 countries.

That’s 11 countries (out of 27 EU countries) that do not apply the rule of the shorter term.

Isn’t it misleading to say that the works are “in the EU public domain in most countries” or even: “All EU countries apply the rule of the shorter term in general” (see https://imslp.org/wiki/The_Smoky_Topaz_ ... _Grace_M.))? Shouldn’t it be changed to “several EU countries”?

[ScoreUpdater]

That’s 11 countries (out of 27 EU countries) that do not apply the rule of the shorter term.

Isn’t it misleading to say that the works are “in the EU public domain in most countries” or even: “All EU countries apply the rule of the shorter term in general” (see https://imslp.org/wiki/The_Smoky_Topaz_ ... _Grace_M.))? Shouldn’t it be changed to “several EU countries”?

These 11 countries have bilateral agreements with the United States which provide for national treatment and no rule of the shorter term and so do not apply the RoST only when the work was first published in the US. In other cases (when the work is due to enter the public domain in its country of origin earlier than the term of life + 70 years), all EU countries apply the RoST, so the exception is the US case, mentioned in bold in the template.

Even in this specific case, however, 16 EU countries still apply the RoST, but I agree that it is not completely clear this is the case!

Regards,

[piano78327]

In other cases (when the work is due to enter the public domain in its country of origin earlier than the term of life + 70 years), all EU countries apply the RoST

Doesn’t that contradict with what you just said: “only when the work was first published in the US”? Does that mean that RoST only applies for Americans who live abroad in these countries? I’m quite confused.

[ScoreUpdater]

Maybe this needs a little clarification.

The European Union Rule of the Shorter Term applies when all of the following conditions apply:

1. The author was not a national of any EU country
2. The "country of origin" under the Berne convention has a shorter term for the work than the EU standard of life plus seventy years.
3. There is no treaty between the EU state in which the rule would be applied and the country of origin of the work which would prevent the application of the rule of the shorter term.

Now, the main issue when the work was first published in the US, which is the case with works by Bolen, certain countries have bilateral agreements with the US which provide for national treatment and no rule of the shorter term; these agreements may case the rule of the shorter term not to be applied in those countries. In countries with no bilateral agreement with the US, the standard RoST applies.

But in other cases, if all three conditions listed above apply, the RoST applies in all EU countries!

The copyright information on this workpage is slightly misleading because it uses an internal template for all works that are in the public domain in the EU because of the RoST; there is not a separate template for special cases.

Let me know if that clarifies your queries.