Can I publish a piece I re-typed?

[Rachmaninoff]

I'm currently re-typing a piece, I'm doing this for studying purposes (to listen to the MIDI playback). The piece is a variation from Rhapsody on a Theme of Paganini, from S. Rachmaninoff. I don't know if the piece is under copyright, but let's suppose it is.

So, can I publish the PDF file I've eventually produced (using Sibelius program)? What should I write on the footer? Something like Copyright (C) 2007 John John?

I want to publish it as public domain.

[Carolus]

The answer depends entirely upon where you are located. In the USA and in the EU, the Rhapsody on a Theme of Paganini is still under copyright. It would be illegal for you do make a copy this way in those territories without the written permission of the copyright owner, which happens to be Warner Music. It was first published in 1934 by Charles Foley of New York (subsequently sold to Warner).

In Canada, Russia, Japan, Australia, China, and New Zealand (to name a few), all Rachmaninoff works published in his lifetime (as this piece was) are now public domain, which means you are completely free to do as you wish. I'm not sure of what the Brazilian copyright term is. Some South American countries have a term of life-plus-50 (like Canada), others have a term of life-plus-70 (like the EU).

[Vivaldi]

Hmm, I thought the Rhapsody on a Theme by Paganini is PD in the USA. This is because I own a copy of the score which was printed by Edwin F. Kalmus, which in turn was a reprint of the score previously published by Belwin Mills (this name appears on the footer). Unless I'm mistaken or there is a special arrangement, scores published by Kalmus should be PD at least in the US, isn't it?

[Carolus]

The Kalmus reprint is a special case. You might notice that it still bears the 1934 copyright claim - either in the name of Foley (the original publisher) or Belwin-Mills (the successor, who in turn was sold to Warner). It's a licensed reprint that was part of the deal when Kalmus sold the study score, piano, vocal and chamber music division to Belwin-Mills in the early 1970s. If they, or Belwin, CPP, Warner ot Alfred, reprinted the score in quantity without a copyright notice - the work might well be public domain because of that fact.

[Vivaldi]

I see, thank you Carolus for clearing that up.