Alban Berg's Four Pieces for Clarinet and Piano

[Starrmark]

I would like to arrange the Vier Stücke für Klarinette und Klavier, Opus 5, by Alban Berg - but I find the confusing copyright status of this work somewhat unsettling.

Berg died in 1935, so there is no doubt that all of his music is PD in Canada and the EU. However, the status of his Opus 5 in the US is not so clear. On the bottom of page 2 of the copy posted on IMSLP, it states Copyright 1924 by Universal Edition, and Renewed Copyright 1952 by Helene Berg. If that were simply the case, then the piece would be protected for 95 years, that is until 2019.

However, on IMSLP's information page for this work, it states that this work was first published by Schlesinger in Berlin in 1920, and that Universal's 1924 edition was a reissue. The fact that this work was first published in 1920 would leave this work unprotected in the US in 2010 - even if Schlesinger or Universal had renewed the US copright in 1948 (which, apparently, neither publisher did.)

Given the well-known litigiousness of Universal Edition in pursuing its claims of copyright, I would feel more reassured about the current PD status of this work if IMSLP would post a copy of the Schlesinger edition, with its copyright date of 1920 clearly visible. I wonder if IMSLP has access to a copy of the original edition that it could post.

Many thanks.

[Carolus]

We're hoping someone will post the original Schlesinger here. It's existence has been confirmed in several libraries. Only a matter of time, hopefully. BTW, posting things like the original 1920 score issued by Schlesinger is part of our mission here - to combat copyfraud, a practice that, while technically illegal, is far too common.

[Starrmark]

Hello Carolus

Many thanks for the reply. It is reassuring to know that the existence of the 1920 edition has been confirmed -- especially from someone as knowledgeable in copyright matters as you are.

Your comment on copyfraud prompts another question from me, a hypothetical question, just out of curiosity. Let's say a publisher claims an active copyright on a work, when in fact currently the publisher has none. And let's say this hypothetical publisher sues someone for infringement in the US. The publisher then loses the lawsuit because the work is currently in the PD in the US (for whatever reason.) The defendant was forced to spend a fortune on lawyers to defend himself. Would the publisher be liable for damages to cover the defendant's legal bills in such a case? Would the publisher be vulnerable to criminal charges of fraud? -- i.e., for claiming he had a valid copyright when in fact he had none. Does the latest version of the US copyright law make copyfraud a copyright crime?

[Carolus]

First of all, it would be highly unusual (and rather foolish) for a publisher to attempt an actual court case they knew was bogus from the start. This would open them to possible contempt of court citations. If such a case actually went to court, it would not be automatic for them to have to pay court costs and the defendant's attorney fees, though judges sometimes rule that way. It certainly would open them to being sued for recovery of court costs and attorney fees. Copyfraud would be extremely difficult to defend in court. The best defense would be that they thought the copyright claim was legitimate and acted accordingly to defend it.