IMSLP Forums

What is the US copyright status of the following unpublished orchestral manuscript?

Original work for 2 pianos first published in 1889 in Spain.
Composer died in 1909.

This same work was orchestrated in 1911 (obviously not by the composer.) Orchestrator died in 1955. Score not printed/published by a commercial publisher. Orchestration performed in public orchestral concerts from hand-copied parts in France and Spain in 1911.

Holographic manuscript of the orchestration made in 1911 survives in US collection. This is the only known copy of the orchestration.

Is there now any active copyright on the holographic manuscript of the orchestration necessitating permission from the estate of orchestrator for a graphic reproduction (scan & print) of this holographic manuscript?. If so, does that copyright extend 70 years after the orchestrator's death?

Is there any active copyright on the musical content of the holographic manuscript--as opposed to any copyright on the graphic content of the manuscript? In other words, irrespective of any copyright that might exist on the manuscript's graphic content, can the musical content of the manuscript of the orchestration be copied with music notation software, performed and published--without obtaining anyone's permission or paying anyone royalties?

Many thanks,
MS

Score would definitely be under copyright in the USA if their is no evidence of first publication by publisher with the proper copyright renewal, stamp and NIE with the copyright office since the orchestration was not done by the original composer, this would be considered a posthumous work. The orchestrator is definitely PD Canada.

I dont understand. The orchestration was made in 1911. The score was not published and copyrighted, but all parts were hand copied and publicly performed in 1911. Doesn’t that count as first publication in 1911?