Are all Muzyka editions PD?

[andrewt]

I'm about to do a fair bit of scanning this week as I finally have access to a scanner. I have a score of Gretchaninov's Fantasy for cello and piano, published in 1974 by Muzyka--are all Muzyka editions PD? There are a few words printed next to "1974" which I assume mean either "published in" or "copyright" but unfortunately I can't read Russian. From what I've been reading, since they were a product of the Soviet government, that makes them PD...?

[KGill]

It would be slightly more accurate to say that there is no additional copyright on Muzyka editions. The copyright would be based on the status of the work itself. Basically what that means is if there was original content added to the edition (including both new compositions and editorial markings), then the edition may be under copyright (depending on the date of death of the contributor and when the work was written). On the other hand, they reengraved Tchaikovsky's complete works, and because the originals are PD worldwide, so are their editions. The Gretchaninov would be under copyright in the EU since he died less than 70 years ago; depending on when the Fantasy was written, it might also be under copyright in the US.

[madcapellan]

I think the answer is they used to be, at least until 1996. Then they were all restored to copyright, which seems slightly dubious legally but is probably fair. But still, you have the situation of Russian composers making more money now than when they were alive. Unsurprisingly, it's obvious who this restoration has benefited, and it's not the composers.

The US does have a number of copyright loopholes and such, but the short answer is you're almost certainly out of luck with anything from them now.

[KGill]

Then they were all restored to copyright

(Well, I think they were granted 25 years from date of publication in addition to whatever copyright the original work had. Since the copyright owner (i.e. the USSR) ceased to exist in 1991 (more than 25 years ago), there's no possible way the 25-year term could affect them now, since they were all published before that time. So) they are not under copyright unless the original work would also be under copyright.
And after all, we do have over 800 of their editions on the site So no, you're not 'almost certainly out of luck'.
[EDIT: made incorrect statement tiny in lieu of strikethrough]

[madcapellan]

Sorry, I was thinking of the more recent editions (like Shostakovich and Prokofiev), of which Dover editions do exist that can no longer be sold. The company has been around for a while (under various names), so of course anything published before 1923 would be free everywhere (more or less, like Tchaikovsky, etc.). The composer in question apparently falls into the gray area of half of his works are PD in the US, while half are not. Which makes all sorts of sense. He's free in Canada, though, so that's some good news.

You may want to recheck your math though. 1991 was only 19 years ago, not "more than 25". Which means the Muzyka editions in question would still have that copyright term for another six years.

[KGill]

Whoops yeah, you're right. Actually, though, I think I made up the 25 years thing - I can't find it anywhere. Must have been thinking of the date-of-publication-plus-15-years term the Soviet government introduced in the 1930s to comply with international treaties... Even so, I am still absolutely certain that any Muzyka/Muzgiz engraving of a public domain work without newly added material is also in the public domain.

[Carolus]

Muzyka editions of older, PD composers like Tchaikovsky were not included as part of the GATT/TRIPs restorations. The overwhelming majority of arrangements of PD works were likewise left unrestored. There were a few well-known arrangements - like Shostakovich's orchestrations of the Mussorgsky operas and songs, plus the Gorchakov orchestration of Pictures, which were included. The restorations were mainly confined to the works of contemporary composers like Shostakovich, Khachaturian, Kabalevsky, Prokofiev, etc. The status of Russian and Soviet composers in the EU is dependent upon their status in Russia, unless they died in the EU or in a country covered by a bi-lateral treaty (like the USA). Gretchaninov died in the USA, so there is a fair chance that his work is still protected in the EU. Russian/Soviet composers who died before 1953 in the USSR are probably not protected in the EU because of the EU's rule of the shorter term for non-EU works.

[andrewt]

But he's still PD in Canada, right? So I'm ok?

[Carolus]

Yes, he's PD in Canada. However, we also have to pay attention to US law since the legal entity that owns the site is headquartered there. The crucial question for Op. 74 is when was it first published? Since Gretchaninov moved to the west after the revolution of 1917, there is a chance that it was first published by a western publisher. If it was first published after 1922 with a valid notice, we have a problem, as it will be subjected to the infamous temporary block. The fact that Muzyka may have issued their own edition in 1974 has no bearing on the work's US status.