New recordings of PD music in different countries

[musicnerd]

- Stravinsky's Symphony No.1 is PD in the US but not in Canada/EU. If it were to be recorded in a different country but distributed only in the US, would the orchestra need a license from the publisher or would it enjoy the PD status?

- If a publisher sells a piece that can be used in performances (such as Prokofiev's Piano Sonata No.5, PD in Canada but not in US/EU), can it still be recorded or does it require permission/license to do so?

[Carolus]

That is a fairly complicated issue. I expect much depends upon the copyright law of the country where the actual recording is taking place. I expect the way it works in practice is that the recording organization pays a rental fee for the material in the locale where the work is still under copyright - including a fee for the session itself. Once the item is recorded, nothing would be owed provided distribution was limited to territories where the work was public domain (Stravinsky's Symphony in E-flat major being a very good example). Often, items like this are distributed worldwide, so the usual royalties are paid anyway.

[musicnerd]

So if the piece is not PD, but the sheet music is readily available (publishers often sell Piano Sonatas but put orchestral material for hire), you still need to pay a rental fee, and a session fee to record it?

[Carolus]

Yes, that's basically it. If the work is under copyright in the place where it is being recorded, the copyright owner or their agents can charge a fee for the recording session itself - even if it's for a piano work which is normally sold. This is different than the so-called 'mechanical license', which pertains to a royalty being paid upon copies of the recording sold in a territory where a work is under copyright.