copyright and Rachmaninoff?

[lelle]

So I just stumbled over some interesting stuff about copyright on this site https://www.lr.mdx.ac.uk/copyright/

The specific things that caught my eye were:

RESTRICTED ACTS
Copyright prohibits a third party from the following acts without the rights owners permission.

    Copying

    Issuing copies to the public

    Renting or Lending to the public

   Performing, showing or playing to the public

    Broadcasting, adapting or amending

and

Musical works
The composer and the writer of the lyrics each hold copyright in their own particular work, which again is calculated as, life plus 70 years from the end of the year of death of the last person to die.

Rachmaninoff died in 1943, 1943 + 70 = 2013. Doesn't this mean that it is technically illegal for anyone to perform Rachmaninoff's works without his (or rather his relatives' since he is dead) permission until 2014?

[phillip21]

Have a look at https://imslp.org/wiki/Public_domain#Determining_Copyright_Tables

The situation with Rachmaninov, as I understand it, is that works by him published before 1923 are out of copyright in the US.  In the EU, where I am, everything by him is in copyright until 2014 - with the possible exception of any works published for the first time in the US before 1923, which would also be out of copyright in some countries under the 'rule of the shorter term'.  Given that Rachmaninov emigrated to US in December 1917 and wrote hardly anything between then and 1923, I think one can assume that there is little that would fall under this rule.

Of course his music will be out of copyright in those countries operating a 50 year after death copyright rule.  Copyright, and availability of 'public domain' scores online is a real minefield!

[lelle]

Thanks for your reply!

Yeah, I'm in EU too and that is why I am wondering. It feels kinda ridicolous that it is illegal for me to perform Rachmaninoff in public, if I understood the laws correctly

[retrouvailles]

Anyone care to say who the hell would enforce these kinds of laws? Law authorities have bigger fish to fry. And I guess I am a criminal, because I performed Rachmaninoff in public a few months ago.

[richard black]

It's not illegal to perform his music. It may appear that way, but all countries have some kind of rule in place to allow you to perform it as long as copyright dues are collected from the venue - and even that may not apply for small venues. There's a basic legal presumption that if a composer publishes a piece, (s)he is prepared to have it performed. At the same time, the composer or his/her heirs and estate are entitled to benefit financially from performances for the duration of the copyright period.

And in 2-and-a-quarter years you can play Rachmaninov to your heart's content, copy his music, whatever, without paying a penny. Unless you are in Mexico, of course.