Posted by Rick Denney on January 28, 2002 at 15:15:00:
In Reply to: Re: Copywright Information posted by Phil Altpeter on January 27, 2002 at 22:30:26:
Huh? I read the entire Copyright Act of 1978, and nowhere did I see any mention at all of a P with a circle in it. My guess is that is a European symbol.
As far as my reading of copyright law goes, you must have the permission of the copyright holders of the work from which you are deriving your work. This is called a derivative work. If you work from an original copy of the tune, and that tune is now in the public domain, then you can proceed without permission. But if you are working from someone else's derivative copy, then you have to have their permission, as well as any required permission from the original copyright holder.
For example, if Elton John sang a song written by Bob Dylan, then Dylan would hold the copyright on the original publication, and Elton John would hold the copyright on his derivative work. If you are using Elton John's work as a basis for your derivation, then some of the things you are using are his and some are Dylan's, and you must therefore get permission from both. This is more relevant to us when we work with arrangements. If I arrange a tuba quartet from a brass quintet arrangement of, say, Dukas's Fanfare from La Peri, then I must have the permission of the quintet arranger, assuming (probably validly--I don't remember the dates for that work) that the original work is now in the public domain. That quintet will be marked with a circled C just like an original work, except that it MAY say "arrangement C Copyright 1992, Fryburger Musical Arrangers, Inc." Repeating the original copyright notice is not required--any copyright notice provides sufficient notice of protection for the arranger and all previous copyright holders--although it may be required in order to get permission.
Any tangible work (that is--anything that is written down) belongs to the author from the moment the writing occurs. That possession is known as a copyright. The author protects that inherent right by marking his work with a copyright symbol. If he marks every copy thusly, then anybody attempting to publish or perform the work under their own name would be presumed guilty of infringement, and would be burdened with proving that their work preceded the author's. If the author sends it out to people without the copyright notice, then the burden of proof is on him. The author may or may not register the work with the government copyright office. Registration does not change his ownership or his rights. But if the work is registered, then that places the burden of proof on anyone who subsequently accuses him of stealing THEIR work.
Before 1978, copyrights last 28 years, and could be renewed for another 28 years. That means that anything written in the U.S. more than 56 years before then is automatically in the public domain. After 1978, the law changed, increasing protection to 75 years beyond the death of the author (or 75 years beyond when it was written for pseudonymous and anonymous works). This law was made retroactive to all works that were not already in the public domain (once in the public domain, always in the public domain, at least in its original form). That means that works published more than 56 years before 1978 (i.e. 1922) are now in the public domain, and works published after 1922 may or may not be in the public domain, depending on how they were attributed and when the author departed this world.
If you use stuff that is older than 1922, then make sure you use a copy printed before 1922. Later stuff often includes editing that is separately copyright protected. It is best to work from "urtext" sources, such as the Dover scores that are marked "urtext," unless you have access to an original printing (such as from a library). Most of the later editions of public-domain works are copyright protected.
Rick "who suggests that the Vaughan Williams Tuba Concerto won't be in the public domain until 1958 + 75 = 2033" Denney