Elfenlied - Six songs : op. 22 Alexander Zemlinsky

[singspiel]

I am looking for the Elfenlied - Six songs : op. 22 by Alexander Zemlinsky.
I know that this topic had been discussed before in 2009 but at that time his work was still under copyright.
Thank you all!

[Eric]

The thing about Under copyright is "under copyright where"...

the problem with the Zemlinsky Op.22 set isn't that Zemlinsky the composer used to be under copyright in the European Union and now isn't, it's that the Op.22 songs were first published in 1977, so it's probably under copyright everywhere. It may be out of copyright in Canada in 2028, depending on the lifespans of the text authors and translators, and some other issues; in the EU, not until 2048 at earliest, I think. I may be wrong; works published this recently probably have entirely different rules applying to them. In the US, it was published before 1978 so it may be out of copyright as early as 2073, assuming its copyrights were renewed properly and regularly...

[Choralia]

This work should be now public domain in the EU:

Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.

As Alexander Zemlinsky died in 1942, the fact that Op.22 was published in 1977 (i.e., before the expiry of copyright protection in the EU) makes "Editio princeps" ineffective (and anyway it would have expired already). So, I think that this work is public domain in Europe since January 1st, 2013, so it should be eligible for being hosted on the EU server.

The situation may be different if other authors (lyricist, translator, etc.) are to be considered also.

Max

[Eric]

since publication in the legal sense in question also involves public performance, I -think- we would also have to show that no public performance of the op.22 songs took place prior to 1977, but I'm not sure. (Or maybe the existence of such a performance would make the matter even easier. I get confused easily.)
The 4th string quartet is in a similar situation, though with no publishers, just editors and a different publisher (U.E. I think? Will have to double-check... - published in 1974? And the string quartet, at least, -was- performed a few times, as noted in that 1974 edition's preface, though at most 3 or 4 times, just never published until the 1970s.)

(According to Wikipedia-fr, quartet 4 was composed in 1936 and given its first -public- performance in 1967 in Vienna - which is what matters for this purpose: publication with adequate distribution (there's a problem with one of Ives' piano sonata publications where the adequate distribution thing ... never mind...) etc. - er, ok, I lost my place. Sorry... ) (Note: I am not a lawyer, nor a scholar of law, nor etc etc etc. I don't even play one on TV.)

[Eric]

According to Schott, the librettists of Op.22 (1934) are Goethe and Morgenstern, so that at least shouldn't be an issue; maybe it really is PD-EU...

[Eric]

According to Beaumont, the cycle of six was first performed in full in 1935 with piano (Julia Nessy/Alexander von Zemlinsky), Kleine Musikvereinsaal, Vienna. He gives 1978 for publication date. (Beaumont, Zemlinsky, pp.442-43.)

[Choralia]

The "Editio princeps" rule for Canada is a little bit garbled (see https://imslp.org/wiki/Public_domain), however first performance in 1935 probably ensures that this work is PD in Canada, too.

When this subject was discussed in 2009 the IMSLP regional servers were not existing yet, so the US copyright term was a problem. With the introduction of the regional servers any work that is PD in Canada and/or in Europe is now eligible for uploading.

Max

[Sallen112]

Maurice Wright (b.1949) the English translator is still alive according to VIAF so the translation would have to be removed. If this was indeed published posthumously since the composer died in 1942, it would be eligible in Canada and the EU still since the composer died before 1949. However in the USA, it would be protected automatically until 2072 before its out of copyright (Auto 95 year since publication period from 1964-77 in the USA).

[Eric]

"In the US, it was published [in 1977 and] before 1978 so it may be out of copyright as early as 2073" - right, I said...

Re Mr. Wright: You're quite right, no pun intended (or in ten did.) Cheers!!

[singspiel]

Thanks for all the info.
Would someone have the actual score?
Much obliged!