Copyright - Alexandrov

Post by **Carolus** » Wed Feb 14, 2007 8:14 am

These works are certainly not PD in either Canada or the EU. As they appear to have been first published after 1922, their likelihood of being free in the USA is dubious at best as well. They have not been repriinted by Masters or any of the other reprint places, probably due more to their obscurity than anything else, but under the GATT restoration provisions Alexandrov's hiers can file an NIE anytime up until the end of its 95 year alloted term.

Post by **imslp** » Thu Feb 15, 2007 2:41 am

I've removed the files and the composer category. I think playing safe is a good idea here

Thanks for the heads up, btw!

Post by **imslp** » Thu Feb 15, 2007 4:03 am

Apparently the 3rd Piano Sonata is in the PD in the US (the file is actually from Sibley Music Library... which dates it at 1922 apparently), so I've moved the file to the US server, and reverted the delete...

Post by **Carolus** » Fri Feb 16, 2007 2:25 am

The Sibley citation probably refers to the year of composition. If you look at the cover (p. 1) and the title page (p. 3), the date printed is 1924 (which is the publication date). The title page at the bottom reads: "Gosudarstvennoe Izdatelstvo / Muzikalnii Sektor / Moskva / 1924"

It's rare to catch library like Sibley with a technically incorrect date like this, but it does happen. While the lack of proper notice threw the work into public domain immediately upon publication, Alexandrov's heirs would actually qualify to file an NIE - if one hasn't been filed already.

Post by **imslp** » Fri Feb 16, 2007 5:04 am

Ah... I guess I'll have to remove it after all...

Post by **Carolus** » Sun Feb 18, 2007 2:21 am

Unfortunately, I think it's best to play it safe here. The Alexandrov appears to be a very inetersting work, and I did not find an NIE for it over at the copyright office. As a Canadian, you have much to be thankful for with the remarkable clarity and relative simplicity of Canada's copyright laws. The whole GATT/TRIPs business is frankly a legal nightmare. While those entitled to file NIEs theoretically can file any time up to the end of a restored copyright's term, the copyright office stopped listing them after 1998. It is quite unclear whether an heir who filed after that date can enjoin anyone from exploiting such a work or not. It's a great opportunity for the IP bar, though! The billable hours for research alone could be potentialy endless! There is a reason for all of those lawyer jokes, after all.