Bazzini String Quartet #6
Moderators: kcleung, Copyright Reviewers
Bazzini String Quartet #6
Hello, I have a photocopy of a manuscript score of Antonio Bazzini's String Quartet #6. The quartet dates from 1892, and neither score nor parts have ever been published. The composer died in 1897. I assume the piece is safely in public domain? Working from the score, I have prepared a user-friendly edition of the parts. I would like to upload the score to IMSLP, and affix a notation with a link to information about this publication. Any problem with my doing so? Thanks, Ch.S.
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Re: Bazzini String Quartet #6
The copyright status is dependent on territory in this case due to the fact that the work is unpublished. Here's a basic outline.
1. Canada: Although the work is unpublished in the usual meaning of the term, Canada applies a rule with respect to works of authors dead over 50 years that a work must not have been "performed or delivered" at any time more than 50 years ago in order to qualify for Canada's 50-year term for first publication. (Bazzini died in 1897). Since it is highly likely that the work was performed or delivered (delivered would include a library making a copy and sending it to another library) between 1892 and 1961, the work itself is probably public domain in Canada.
2. USA. If there was no publication between 1923 and 2002, the work is unambiguously public domain in the United States (as of 1/1/2003, all unpublished items of authors dead over 70 years entered the US public domain).
3. EU. First publication rights should be secured from the composer's heirs, as the EU follows an editio princeps rule that a legitimate (authorized) first publication is entitled to a 25-year term of protection. There is a wrinkle about the definition of publication, however. If a library made copies and sent them to another library or a performing organization, the first publication may have taken place then. If this was more than 25 years ago, the work itself is free.
In all instances, you new edition of the work is protectable as an edition.
1. Canada: Although the work is unpublished in the usual meaning of the term, Canada applies a rule with respect to works of authors dead over 50 years that a work must not have been "performed or delivered" at any time more than 50 years ago in order to qualify for Canada's 50-year term for first publication. (Bazzini died in 1897). Since it is highly likely that the work was performed or delivered (delivered would include a library making a copy and sending it to another library) between 1892 and 1961, the work itself is probably public domain in Canada.
2. USA. If there was no publication between 1923 and 2002, the work is unambiguously public domain in the United States (as of 1/1/2003, all unpublished items of authors dead over 70 years entered the US public domain).
3. EU. First publication rights should be secured from the composer's heirs, as the EU follows an editio princeps rule that a legitimate (authorized) first publication is entitled to a 25-year term of protection. There is a wrinkle about the definition of publication, however. If a library made copies and sent them to another library or a performing organization, the first publication may have taken place then. If this was more than 25 years ago, the work itself is free.
In all instances, you new edition of the work is protectable as an edition.