Public Domain in Canada...?

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LadyIslay
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Public Domain in Canada...?

Post by LadyIslay »

I'm sorry if this has been asked before, but I couldn't explicitly find the answer anywhere. I've just finished a 2-PT Mixed arrangement of a work by Martin Shaw. In Canada, Shaw's works entered the public domain in 2008. Can I upload my arrangement on CPDL? I know I can put it on IMSLP. Thank-you.
carlos
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Re: Public Domain in Canada...?

Post by carlos »

Hello Lady Islay,

CPDL follows the USA copyright law, because that's where our servers are located. Canada follows the death year + 50 rule for someone's works to enter the public domain, but the USA law is more restrictive, waiting for 70 years after the author's death (if I'm not mistaken). However, specific works might be out of copyright if the composer or the copyright owner failed to follow copyright renewal rules. So, this needs to be checked on a work-by-work basis.

Regards,
Carlos (talk)
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choralia
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Re: Public Domain in Canada...?

Post by choralia »

As Martin Shaw was born in 1875, it is also possible that the work you arranged was published before 1923. In such a case, it would be public domain in the US.

Max
LadyIslay
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Re: Public Domain in Canada...?

Post by LadyIslay »

Thanks for the information. I'll put it on IMSLP and leave it at that, because I know the source material is public domain in Canada. What a pain! I am so angry that our copyright laws are going to be changing soon. (Stupid treaty!).

"WIth a voice of singing" was published in 1923; however, IMSLP has this notice. "In the USA this work is most likely in the public domain because it was published without a compliant copyright notice, no renewal was found after a thorough search of the Catalog of Copyright Entries, and was either ineligible for "restoration" under GATT/TRIPs and/or no record of an NIE filing was found in the online records of the US Copyright Office."
CHGiffen
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Re: Public Domain in Canada...?

Post by CHGiffen »

Checking the Catalog of Copyright Entries: https://books.google.com/books?id=KjAhA ... ht&f=false

With a voice of singing, anthem for SAB [by] Martin Shaw. London, J Curwen; New York, G Schirmer, sole agents for USA (Curwen edition 61453) [With organ acc.] 7d Appl. states prev. reg. 25May25, E566470. © on arrangement; Martin Shaw; 16Mar53; EFO-19181.

Similar entry for the SA edition.

Looks as if 1953 is the copyright on the arrangement.
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LadyIslay
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Re: Public Domain in Canada...?

Post by LadyIslay »

Yes, I have the octavo of the SAB version, and it is marked (c) 1953. That wouldn't result in the original SATB version (published in 1923) being renewed, though. What I've done is use the 1923 SATB version to create a 2 PT Mix edition of my own.
CHGiffen
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Re: Public Domain in Canada...?

Post by CHGiffen »

Here's what seems to be the problem. The original Curwen copyright on the SATB edition was in 1923 in the UK, not the USA.

Works first published with a copyright notice outside the US were subject to the same renewal rules as works published inside the US, meaning that if a work’s original copyright wasn’t renewed before the end of the 28th year, the work went into the public domain. But that changed in 1996.

On January 1, 1996, foreign works that were in the public domain because their copyrights weren’t renewed had their copyrights restored (as long as certain requirements were met). Works from certain countries that were in the public domain because they didn’t comply with formalities of US law (like notice and renewal requirements), or because they were published in countries that didn’t have copyright relations with the US (like the Soviet Union before 1973) had their copyrights restored on January 1, 1996.

To be eligible for copyright restoration, a work must meet all of these requirements:

1. At the time the work was created, at least one author must have been a citizen or resident of a country that has copyright relations with the US (by way of the Berne Convention, the WTO, or a presidential proclamation extending restored copyright protection to that country on the basis of reciprocal treatment to the works of US citizens or residents);
2. As of January 1, 1996, the work was still protected by copyright in its source country;
3. The work was in the public domain in the US because the work did not comply with formalities imposed at any time by the US law; and
4. The work was not published in the US within 30 days of its first publication abroad.

Works that meet the restoration requirements have a copyright term equal to what they would have had they complied with all US formalities. The US copyright term for works published before January 1, 1978, generally lasts for 95 years from the year of first publication. For works published on or after January 1, 1978, copyright lasts for the life of the author plus 70 years.

Examples:
* A French film first published in France in 1937, and whose US copyright was not renewed, will be protected through December 31, 2032.
* An Italian sound recording first published in Italy in 1965 will be protected through December 31, 2060.
* A Swedish play published without a copyright notice in 1983 will be protected through December 31 of the seventieth year after the year in which its author dies.
* A German novel that was first published without copyright notice in 1935 will be treated as if it had both been published with a proper notice and properly renewed, meaning that its restored copyright will expire on December 31, 2030.

It looks as if the work in question might therefore have restored (US) copyright expiring on December 31, 2018.
Charles H. Giffen
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choralia
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Re: Public Domain in Canada...?

Post by choralia »

CHGiffen wrote:It looks as if the work in question might therefore have restored (US) copyright expiring on December 31, 2018.
The conclusion by IMSLP copyright reviewers was different, though ("most likely PD in US"). As I'm an IMSLP copyright reviewer also, I can access details of the copyright review process. Unfortunately I found no specific remarks justifying the final decision they made. The review was carried out by two very expert reviewers, who apparently were in agreement.

Max
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Re: Public Domain in Canada...?

Post by CHGiffen »

Max, it may well be PD in Canada. But the US copyright restoration ruling only effects works first published outside the US, etc. etc.
Charles H. Giffen
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