Confusing copyright advice

[Starrmark]

A few days ago, IMSLP posted Oley Speaks' song On the Road to Mandalay with two copyright advisories, which appear to be contradictory. Usually copyright confusion is the province of the USA, but here the confusion is in the EU -- by virtue of the Rule of the Shorter Term. Without going into every bilateral copyright treaty ever signed, is this song (published in the US in 1907) by a composer who died in 1948 now PD in the UK, Germany or France? Can you give an example of one country in which this song is definitely not PD?

MS

[Carolus]

The confusion arises due to two items in play with respect to pieces whose country of origin is outside the EU. The EU's application of the "Rule of the Shorter Term" for such works means that a work PD in its country of origin is not entitled to longer protection in the EU. However, this provision has been held to be subsidiary to bilateral treaties in force between the USA and at least one EU country (Germany) in a court case involving the work of George Gershwin. One of the early Gershwin works (published before 1922) was ruled to be still protected in Germany (before 2008, the expiry of the 70pma term) due to the 1891 treaty which accorded US works equivalent protection in Germany to that of German works in the USA - meaning Gershwin was entitled to a full 70 pma term regardless of the work's status in the USA. This ruling applied only to Germany. Other countries may view any similar bilateral treaties differently and defer to the EU directive.

[Starrmark]

Hi Carolus

Thanks for the reply.

The Catch-22 is contained in your last sentence: "Other countries may view any similar bilateral treaties differently and defer to the EU directive." What other countries?

Wikipedia has a table of all countries that follow the Rule of the Shorter Term. However, it does not list those countries that have bilateral treaties that supercede the Rule of the Shorter Term. Nor does it note those countries that have bilateral treaties with the US but now defer to the Rule of the Shorter Term.

For the EU, Wikipedia says "Yes," and it does not mention an exception like Germany.

There were many hundreds of works first published in the US before 1923 by composers/lyricists who died after 1940. If one adds popular music, there were many thousands. Given the confusion and the dearth of copyright information affecting these works, it seems to me there is virtually no way for the general public to know for sure the copyright status of these works in countries outside the US (other than Canada.) Since some of them are now posted on IMSLP, perhaps a detailed chart would be helpful.

MS

[Carolus]

"Other countries" in this context means other countries within the EU, though there are a number of standing bilateral treaties between the USA and countries outside the EU which might override the application of "Rule of the Shorter Term" in those countries. There was a series of bilateral treaties between the USA and various European countries starting in 1891. Most of the larger ones (from a musical publication view) are included: UK, France, Germany, Austria, Netherlands, Italy, Denmark, etc. That does not necessarily mean that the bilateral treaty trumps the EU directive, but users should be aware that the EU application of "Rule of the Shorter Term" might not apply for a USA work that's PD in the USA - which is why we have the warning.