How can a CC-licensed work be non-PD US?

[CharlesS]

So, I saw something interesting on this page:

http://imslp.org/wiki/Songs_and_Dances_ ... 2C_Modest)

The first recording at the top of the page is licensed using the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 license, but there's also the red "Non-PD US" warning next to it. Is it possible for some works to be CC-licensed only in certain regions, or is the "non-PD" warning simply alerting us to the Attribution-NonCommercial-NoDerivs requirements (and if so, why isn't a similar warning on other CC-licensed works?)?

[coulonnus]

(and if so, why isn't a similar warning on other CC-licensed works?)?

There are 306 Google results with "non pd us" "Gagnaux Collection" site:imslp.org https://www.google.com/search?hl=fr&as_ ... as_rights=

On http://www.rene-gagnaux.ch/index.html there is a warning "The files are not copyrighted in Switzerland. If you live elsewhere check the laws of your country before downloading a file, i.e."

[Sallen112]

Its because that file is potential under copyright in the USA until at least 2067 in the USA. Its free in Canada (recorded before 1965) and the EU (recorded before 1963).

[Eric]

I've been wondering this in the other direction re: how it's possible to make CC typesets of non-PD US scores, when making a CC-licensed anything on this site (or anywhere) basically makes it accessible to anyone under law (and therefore we have works whose first publications, like Berwald's concert piece op.2, are not PD-US, but whose derivative works- typeset score and parts- _are_. --- Assuming those typesets are not made from the original manuscript parts, but they don't say _what_ they're made from- which should be grounds for blocking ab initio anyway, but I don't run the site.) The solution unfortunately is to expand the available CC licenses or not to allow the files, not to allow the finessing of a CC file that happens to be available one place but for legal reasons not another (if as I gather CC --> implies available/accessible everywhere though perhaps _performance_ restricted in the case of scores only.)

[Carolus]

As I mentioned on the wiki talk page, the work has been available in reprint from a manuscript score and parts since the 1970s at latest from Kalmus (Catalog A 5421). Kalmus re-organized their catalog numbers ca.1975 after the sell-off of the study scores, chamber music and vocal scores to Belwin-Mills (later Columbia Pictures, then Warner, now Alfred) so when it was actually printed is anyone's guess. The work is free in the USA.

[Eric]

doesn't answer the general question though. Unless I'm mistaken about "CC --> general all-3-areas accessibility".

[Carolus]

It all depends on whether the underlying work is actually protected in the USA or not. That's not always a simple question to answer due to the legal definition of "first publication". See this overview of the issue.