International copyright status of orchestration of piano work in public domain

[Starrmark]

I am hoping that international copyright experts on IMSLP can clarify for me the status of an orchestration that I recently made of a work that was composed for piano and published in 1920.

The piano work was composed in 1919 and self-published by the composer in 1920 in Olso, Norway. He had the piano work engraved in his own edition, and he distributed printed copies to several national libraries (among others,) where the printed copies still survive today. This edition contained a correct and complete statement of copyright 1920 by the composer, who was then a Hungarian citizen. This composer died in 1987.

Thus, it seems this piano work is now in the public domain in the USA, as it was first published prior to 1924. However, since the composer died in 1987, the work is still protected in the EU and in all countries with 70 pm copyright terms; and the work will be protected in Canada until 2037.

My questions pertain solely to public performances of my orchestration, which is now published in the US and copyrighted 2019.

Since the original piano work is now in the public domain in the US, my copyrighted orchestration can be performed by orchestras in the US. I do not need permission from the estate of the composer for any US performances.

Can my orchestration be performed in the EU or in Japan (or elsewhere outside the US) without the permission of the original composer's estate? I am expecting a 'no' answer, but I would like to know what the international copyright laws state about performances of a copyrighted orchestration of a work in the public domain in the US.

MS

[Choralia]

I'm not a lawyer, bla bla.

Generally speaking, if a work is copyrighted in a certain country, permission by the copyright holder is required for all uses covered by copyright, including public performance. This also applies to derivative works of the original work, such as arrangements, orchestrations, etc., which require permission as well.

The Rule of the shorter term may determine that a work that is public domain in US is also public domain in all countries that adopt such rule, however this is only applicable to works first published in US. This appears not to be the case, though, as the first publication of this work occured in Europe, where the work is not public domain yet.

Max

[Sallen112]

Before we answer your questions about this, what is the piece you made the arrangement of and who is the composer?

[Starrmark]

Ervin Nyiregyhazi: Orchestral Fantaisie No. 2, Triumff. This work was published by EN only in a version for piano two-hands. It is not known whether Nyiregyhazi ever orchestrated it. He composed many works intended for orchestra in piano versions that he never orchestrated, but he was capable of orchestration—for example an early four movement symphony that is now lost. I have found no trace or mention of an orchestral manuscript for this Fantaisie anywhere, or any orchestral performances anywhere. While it is playable on the piano (with great difficulty,) this work is obviously orchestral in conception. I would describe the music as late orchestral Liszt on steroids. It lasts about 17 minutes, but a 4 minute suggested repeat is highly advisable to cut. It is my intention eventually to post my orchestral score and orchestral parts on IMSLP under CC license. That is an important reason why I want to get the copyright status straight now.

There is no indication in the published score what triumph is indicated in the title. But based on Kevin Bazzana’s excellent biography, I make some speculations. Incidentally, I interviewed Nyiregyhazi for two 1-hour broadcasts on KQED-FM in the Seventies.

[Carolus]

The short answer to your question about performances outside the USA is: Probably not. The composer died in 1987 and the work was published in Norway, whose term is 70-pma and has long been a Berne Union member-state, which means it enjoys the full term in all Berne member states. It's not altogether unlike an orchestration of an early Stravinsky work but even less ambiguous (the ambiguity with Stravinsky arises because he was technically a citizen of a country who abolished all copyrights in 1918 which never joined Berne). An even closer analogy would be early Kodaly.