IMSLP Forums

- 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?

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.

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?

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.