Florence Price - The Oak
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jemiller226
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Florence Price - The Oak
Can someone confirm definitively that this piece is PD-US? The page is marked as such, but the manuscript is undated and I'm reading articles suggesting that she wrote the piece in 1943, which would mean it's almost certainly not public domain in the States unless, I suppose, the manuscript itself is public domain through lack of renewal. I'm admittedly a bit foggy on how that works when the piece wasn't officially published until much later and as such may never have been officially registered with the Library of Congress.
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justforplaying
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Re: Florence Price - The Oak
It depends on a few things for US copyright:
1. Was it registered in Catalogue of Copyright Entries as Unpublished Work? (If so, when? This applies with 2a-c)
2. If possibly published, when?
2a. If published (in any form) before or in 1963, check if it's renewed.
2b. If first published in 1964-2003, certainly this is still copyrighted.
2c. If published after 2003 (including if it's still unpublished), it's public domain in US.
In this case, it should be public domain in US as it's rediscovered in 2018 (and available for hire at 2019), and not published in her lifetime.
Assuming that this work has no performance before this rediscovery, it's likely that it's NOT public domain in Canada until 2049 due to 2022 amendment. If there are any public performance or recording before 1972, this work will be public domain.
For EU, this work is in public domain now, even with the manuscript and hire edition (as this rediscovery lands in the 70 year copyright period, thus no extra terms and expired in 2024). IMSLP however does not accept such edition due to the self-imposed 25 year rule.
For TW, assuming that this is not made public, whether it's published, publicly performed or recordings, since this work is made public in 2019, which lands right at the last 10 year frame, this work is NOT in public domain until 2030.
I hope that this gives you the proper explanation.
1. Was it registered in Catalogue of Copyright Entries as Unpublished Work? (If so, when? This applies with 2a-c)
2. If possibly published, when?
2a. If published (in any form) before or in 1963, check if it's renewed.
2b. If first published in 1964-2003, certainly this is still copyrighted.
2c. If published after 2003 (including if it's still unpublished), it's public domain in US.
In this case, it should be public domain in US as it's rediscovered in 2018 (and available for hire at 2019), and not published in her lifetime.
Assuming that this work has no performance before this rediscovery, it's likely that it's NOT public domain in Canada until 2049 due to 2022 amendment. If there are any public performance or recording before 1972, this work will be public domain.
For EU, this work is in public domain now, even with the manuscript and hire edition (as this rediscovery lands in the 70 year copyright period, thus no extra terms and expired in 2024). IMSLP however does not accept such edition due to the self-imposed 25 year rule.
For TW, assuming that this is not made public, whether it's published, publicly performed or recordings, since this work is made public in 2019, which lands right at the last 10 year frame, this work is NOT in public domain until 2030.
I hope that this gives you the proper explanation.