IMSLP Forums

Is this fragment of an instrumental work PD in the US?

French composer
died in 1937
fragment of an unfinished instrumental work
never published in any form, or publicly performed, or commercially recorded
manuscript signed by composer and dated 1927

MS

Yes. All unpublished work of composers dead over 70 years entered the US public domain on January 1, 2003 so it now advances year by year. On January 1 of this year, all unpublished works of authors who died in 1943 entered the US public domain. The item you refer to entered the US public domain on 1/1/2008. Also on 1/1/2003, all unpublished work of authors who died 1947 and before entered Canada's public domain at the end of a five-year grace period. So it's free in Canada also. In the EU would the item be subject to an editio princeps claim, possibly the same for some other countries.

Hello Carolus,

Many thanks for the informative reply. Regarding editio princeps protection in the EU for a first publication in the US in 2014, would the fact that this work is PD in its country of origin (the US) invalidate a claim of edition princeps protection in the EU?

MS

If the composer is French, why would the country of origin be the US? In other words, why wouldn't French rules only apply?

My inquiry concerns the PD status in the EU of a first publication in the US in 2014 of a 1927 manuscript that, according to Carolus, is PD in the EU and the US (by virtue of the date of death of the composer.) Carolus stated that the first publication in 2014 would be PD in the US but protected in the EU under editio princeps. I wonder whether a claim of editio princeps on the first publication might be invalid in the EU because the first publication is PD in the US, the country of origin of the first publication.

MS

Regarding editio princeps protection in the EU for a first publication in the US in 2014, would the fact that this work is PD in its country of origin (the US) invalidate a claim of edition princeps protection in the EU?

Not necessarily. Although the EU applies Rule of the Shorter Term to Non-EU works, this is often trumped by bi-lateral treaties between the USA and different countries. With France in particular, the bilateral treaty goes back to 1891. France also has the wartime extension for French composers who lived during the war years adding up to 15 years to the 70 pma term (100 pma if a composer was actually killed in the war like Jehan Alain). That applies only to French composers though, so it depends on whether France would consider the country of origin to be French prior to publication.