Am 02.03.2013 19:41, schrieb Joseph Rushton Wakeling:
On 03/02/2013 06:43 PM, Jethro Van Thuyne wrote:
"Renewed copyright 1952 by Helene Berg". How long did/does such a
renewal run?
Well, this is the discussion on the subject on IMSLP's forums:
http://imslpforums.org/viewtopic.php?f=13&t=3503
I believe that typical terms of copyright renewal were for 28 years:
http://www.publicdomainsherpa.com/copyright-renewal.html
... with 1952 corresponding to the appropriate date for the 1924
publication of the UE edition. But there might be some complications
down to the fact that the original 1920 publication was outside the US.
My personal understanding (but I am not a lawyer and this is not legal
advice:-) is that it boils down to this:
-- The work was first published outside the US in 1920
-- The work clearly enjoyed 2 full terms of copyright protection
in the US (testified to by the copyright renewal);
-- So, the work _should_ fall under the
no-copyright-for-pre-1920-works
rule, and wouldn't be eligible for copyright restoration because
it did enjoy a full term of copyright protection in the US.
The fact that IMSLP haven't received a takedown notice obviously
should not be read too deeply into, but it's unlikely this would have
been tolerated if Universal Edition had a case to make. There is also
now a Henle Urtext edition, which there most likely would not be if
the 4 Pieces were still in copyright.
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AFAIK (but I'm not a lawyer either) you can't renew the copyright of the
music but only on editions. That's why one sometimes has to pay
royalties for really old music.
In Germany the copyright span for 'scholarly editions' (or first
editions) is 25 years. So if you update an edition (but it has to be a
substantial update) you can prolong the copyright for the edition by 25
years, meaning that anybody performing from that edition is due to pay
royalties (which are about the same amount as for the original copyright
in the music).
So I'm quite sure we can use that as a model.
Urs
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