IMSLP Forums

Composed 1879,
first publication may be in this 1990 article in a Swiss journal,
although a Canadian publisher claims that his 2012 edition is the first one.

Irrelevant for Canada, as the author died long before 1949. In the USA, depends on if the journal was in compliance with the notice requirement, which looks very questionable to me. The complete song is there in the 1990 article so if there's a 25-year EP in play for the EU, it expires in a year.

Caveat: the 1993-Directive rule of 25 years for previously unpublished works does not shorten the "old" 70-year rule for works published before. Read (10) in http://eur-lex.europa.eu/legal-content/ ... 16&from=FR

A term of 70 years from "publication" (however we choose to define the term) would only apply to those countries who a) had it in place for such posthumous works; and b) did not over-ride it with their own enabling legislation. Germany, for example, had a 25 year term for posthumously published works for decades before the EU directives. This is a perfect example of the sheer nonsense and stupidity of such laws with respect to works of composers long dead. Chausson has been dead well over 100 years (115 to be exact). Who benefits from such idiocy? Thankfully it does not apply to Canada. In light of the Motezuma decision, it might not apply in the EU either if someone made a copy and said copy was distributed to another library, as "publication" may have taken place long ago. The burden of proof now falls on those making claims about such works.

Carolus wrote:and b) did not over-ride it with their own enabling legislation. .

Of course the Article L.-123-4 of Code de la propriété intellectuelle has adapted itself to 25 years over the last years, but may one revoke a privilege that has been granted?

It would possibly take a court case to find out. I've seen lots of enabling legislation in EU countries which make it appear that the EU rule now applies and the older ones do not. There's another wrinkle in this particular example however: Switzerland is not part of the EU, so what does Swiss law have to say? How does the EU's 'rule of the shorter term' with respect to non-EU works apply? Even though Chausson was French, the country of origin under the Berne treaty is Switzerland due to first publication there (assuming for a minute that first publication actually did take place there). The mystery deepens.....