Talk:Pre-1923 copyright law submission status

Maybe we can just add to the template for these files a message to the visitors that these scores can only be downloaded if you live in the U.S.?

Well... I've created a template (Template:1923) that has to be manually put on the top of the page. Putting the message in every file submission might be a little redundant, since all files on that particular page are in the same situation. I think it's ok (for now) to not automate the process, since the works that fall into this category are so few in number. I almost think this category is designed for Stravinsky... --Feldmahler 14:00, 29 August 2006 (EDT)

I do not really understand the meaning of this page and the link to this page in the template...--Peter 09:50, 5 November 2006 (EST)

Well... the idea was originally that there might be some kind of mechanism so that people can automatically upload to the US server, and that the status of this mechanism (and the usage of it) would be presented here, but this is not really happening to a large degree, probably because in most cases people who have published works (especially famous ones) before 1923 are already in the public domain in Canada. --Feldmahler 09:54, 5 November 2006 (EST)

USA vs. Berne

A major part of the issue here is the difference in basis for the determination of copyright terms between the pre-1978 US law (Title 17, 1909 version) and those of most other countries, who based their terms of protection upon the Berne treaty's post mortem actoris methodology. The US law used date of first publication as the basis for determining the length of copyright protection. That's why anything published from 1923-1977 is most likely under copyright, and will remain so until 95 years have passed since the date of first publication. This applies only to works published in 1923 and later due to the effective date of the term extension passed in 1998. That's why there are a number of works by composers like Stravinsky (died 1971), Poulenc (died 1962), and Sibelius (died 1957) that are free in the USA due to the fact they were published prior to 1923 while they remain protected in most parts of the world. Canada is somewhat unusual in that the term stands at life-plus-50 years. Most countries have gone to life-plus-70, and Mexico now even claims a term of life-plus 100.

The classic example of the type of work I refer to above is Stravinsky's Le Sacre du Printemps. It was published in 1921 and therefore is free in the USA. In Canada and nearly every other country, it's still under copyright because Stravinsky lived to such a ripe old age. There are also examples where the opposite applies. Ravel's Bolero is under copright in the USA (published in 1929) but free in Canada because it's been more than 50 years since he died (1937). - Carolus

So... do we still need this page?

--Leonard Vertighel 16:06, 24 April 2007 (EDT)

I don't think so. It's never been used in more than a year. --Peter talk 14:19, 26 September 2007 (EDT)