Exceptions to Copyright Law for Classical Music Compositions and Film Scores
Copyright laws can be complex, especially when dealing with classical music compositions created by deceased composers. While the primary concern is often not about plagiarism but rather copyright infringement, understanding the nuances is crucial. This article explores the exceptions to copyright law that apply to compositions by composers who died more than 70 years ago, as well as the special case of film scores.
Copyright Protection for Classical Music
When considering the copyright protection of a classical music composition, it's important to differentiate between the protection against plagiarism and the protection against unauthorized use or copying. Typically, copyright infringement occurs when someone uses the work without proper authorization, selling or distributing it without compensating the rightful owner.
The duration of copyright protection varies by country. Generally, it is 70 years after the death of the last surviving author. However, this rule does not apply universally. For instance, in Canada, certain works by George Gershwin, composed solely by him, are now in the public domain as he died over 70 years ago. However, his collaborations with his brother Ira, who died in 1983, continue to be protected.
Authorship and Editorial Marks
Another critical factor is the authorship of the piece. If a song or composition was co-authored, the copyright protection extends to the last surviving co-author. For instance, if a composer and lyricist jointly worked on a piece, the copyright would remain protected until the last author passes away. This complexity underscores the importance of verifying the status of all contributors to a particular piece of music.
Public Domain and Modern Editions
Even if a piece of music is in the public domain, modern editions may still be protected by copyright. Publishers and publishers often create and sell new editions of classical works, which can have their own copyright protections. Therefore, it's essential to ensure that any edition being used is not protected by a separate copyright before using it.
Recordings and Copyright Protection
Recordings of classical music are subject to separate copyright laws, which can last up to 50 years after the first release. In the United States, for example, any recording released before 1968 is now in the public domain. However, if a recording is re-released, it may be subject to new copyrights. This means that even if the underlying music is in the public domain, the recording itself might not be.
Special Case: Film Scores
There is an exception to the general rules for film scores. Film scores are often created as work-made-for-hire, meaning the copyrights are owned by the movie studio, not the composer. As a result, film scores generally have a copyright period of 95 years, regardless of when the composer died. This is true for countries that have been Berne Convention signatories for more than 70 years. In the United States, the situation is more complex, with the copyright laws applying differently to works published between 1924 and 1978.
International Considerations
It's important to note that these rules can vary significantly by country. A piece of music that is in the public domain in one country may still be protected by copyright in another. Therefore, it's crucial to consult the specific copyright laws of the country where the work will be used to ensure compliance.
The intricate nature of copyright law highlights the importance of thorough research and due diligence when dealing with classical music compositions and film scores. Understanding the various exceptions and protections can help ensure that both creators and users of these works comply with the law and respect intellectual property rights.