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I've made an original orchestral arrangement of an instrumental work that was first published in Germany in 1929. The composer died more than 70 years ago.

As far as I know, the 1929 copyright was properly renewed in the US, and the original work is still protected in the US. However, it is now PD in Canada (and other 50 PMA countries,) and PD in the EU (and in other 70 PDA countries.)

I am an American living in the US. I am considering posting the score of my orchestral arrangement of this work on IMSLP under Creative Commons License: Performance Restricted Attribution Non-commercial No Derivatives 1.0. I will be listed as the publisher. I assume that IMSLP would list my score something like this: NONPD-US, NONPD-EU, NONPD-CANADA. Downloading and non-commercial re-distrubution are permitted in the EU (and other 70 PMA countries) and in Canada (and other 50 PMA countries.) [Or maybe just NONPD-US ?]

On the title page of my orchestral score, I state: "All public performances, recordings and broadcasts of this orchestral arrangement must be licensed by the publisher. Performance parts for this orchestral score are available from the publisher on rental -- exclusively for use in the EU (and other 70 PMA) and Canada (and other 50 PMA countries.)

Two questions arise:

1. If I, an American in the US, publish my new orchestration of this work on IMSLP, will I violate the 1929 copyright still in effect in the US on the original instrumental piece? IMSLP may be based in Canada, but I am not. I am the US "publisher," as well as the arranger.

2. If I, an American in the US, rent out sets of parts to European or Canadian orchestras for public performances, recordings or broadcasts in the EU or Canada, will those part-rentals violate the 1929 copyright still in effect in the US on the original instrumental piece? Here again, the parts would be rented from the US, even if their use would be restricted to the EU and Canada.

Many thanks for the information,
MS

Carolus would be the best person to answer this and he is on vacation for a couple of weeks. In the meantime, I can only offer this - I live in a country that has a life +50 law. Our local orchestra wanted to purchase the Canadian edition of Respighi's Pines of Rome. Our usual supplier, who is in the US, refused to handle the transaction, because the music would have to be shipped to the US, be landed there, and then be shipped out again. He said it would not be legal for them to deal with it.

I don't know whether he was being overly paranoid, and I'm very curious to see what Carolus has to say about it.

I just happen to be on the forums taking a break from packing, so here goes:

1. It is not legal under US law for you to even make the arrangement (a derivative work) of the 1929 publication without permission from the copyright owner. If you took a vacation to Canada, made the arrangement and uploaded it to IMSLP form there, it could be made available as you describe. While IMSLP might tag an item for approval as described simply due the fact that we really can't know with absolute certainty the location from which a give item has been uploaded, the legal onus falls upon you should the copyright owner elect to pursue the matter.

2. It is entirely possible that it would be technically illegal for you, as an American, to offer the work in countries where it was free due to the fact that the arrangement was illegal from the start under US law (the country of origin for the arrangement). This is a rather complicated matter that would involve looking into the terms of bilateral and international treaties along with pertinent statutes in Canada.