Carl Nielson Clarinet Concerto.

slavko · Post by **slavko** » Wed Nov 26, 2008 12:16 am

HI, is it possible to upload the Nielson Clarinet Concerto score, or is it still under copyright.

ThaSchwab · Post by **ThaSchwab** » Wed Nov 26, 2008 12:39 am

I don't believe so. Nielsen died in 1931 and the concerto was composed in 1928 (or published, I'm not sure), so the "before 1923" rule wouldn't be in effect (Neilsen died seventy-seven years ago, etc.).

Post by **daphnis** » Wed Nov 26, 2008 2:13 am

Free in Canada and the EU but copyright in the US. So in the chance it is uploaded, once reviewed it will immediately be blocked.

ThaSchwab · Post by **ThaSchwab** » Wed Nov 26, 2008 3:31 am

Why would it be copyright in the U.S.?

Post by **daphnis** » Wed Nov 26, 2008 3:39 am

Normally, because it was published after 1923, but in this case, Hansen must not have filed an extension and so the orchestral score was subsequently reproduced by Kalmus, so it's a good bet it's public domain in the US. The piano reduction looks like it was first published in 1948, so that'll be protected in the US.

ThaSchwab · Post by **ThaSchwab** » Wed Nov 26, 2008 4:15 am

Yeah, but Nielsen's been dead for seventy-seven years. Would that matter?

Post by **daphnis** » Wed Nov 26, 2008 4:16 am

In Canada, no. In the US, irrelevant.

Kalli · Post by **Kalli** » Thu Dec 18, 2008 4:53 pm

I've got a copy, but my version is under copyright, 'cause it's published in 2006 by a new publisher or is the first publishing date the important date?

Website · Post by **pml** » Thu Dec 18, 2008 9:09 pm

Kalli,

is it clearly new typesetting in your 2006 score, or is there an editorial foreword explaining any large musicological changes to an older score?

If not, and the score appears to be an old typeset with no sign of any revisions or changes since it was engraved, then the 2006 copyright would be what we term a "scarecrow" - a copyright notice designed to scare people off.

Some publishers delight in putting unenforceable copyright notices on scores - and in the US before 1964 if I recall correctly, an incorrectly registered copyright was sufficient for the work to lose all rights to protection under the law.

Regards, Philip

Kalli · Post by **Kalli** » Fri Dec 19, 2008 8:40 am

No, it's a very small publisher, who published the score for the first time in 2006. The typeset is new (I think, it was made by "Sibelius"). I'm not sure, if the publisher is the new general publisher or if it is a licensed edition.

Website · Post by **pml** » Fri Dec 19, 2008 10:28 pm

Oh well, in that case it can't be copied or uploaded. New typesets qualify for a limited term of protection under some laws even if they are a verbatim copy of an earlier publication.

Regards, Philip