Arrangements and Copyright

[andhow04]

I need some advice on this topic because I am very uninformed, recently I made an arrangement of some music from Prokofiev  for an unusual ensemble, saxophone bassoon and piano, with a bassoon and saxophone each doubling on contra  and soprano. A Rather prominent musician heard this arrangement and asked me for a copy. The music is from Romeo and Juliet it is probably still under copyright in United States so I don’t even know if these arrangements can be played for compensation in public concert or not. But also, having spent many hours on perfecting them and making them interesting, I would be loathe to just give them away. But am I entitled to any compensation for this sort of thing or does an arrangement still fall under the copyright? Whoever knows anything would be most helpful. Thanks

[kosulin]

If it still under copyright in the US then:
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, an adaptation of that work. The owner of a copyright is generally the author or someone who has obtained the exclusive rights from the author. In any case where a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the work in which such material has been used unlawfully. The unauthorized adaptation of a work may constitute copyright infringement.
https://www.copyright.gov/circs/circ14.pdf

[publicdomain]

Check the first publication date of the Prokofiev work you arranged.  You are from USA.  Romeo and Juliet was written in 1935.  Assuming it was first published in 1935, it will not be in the public domain until 1/1/2031 at the earliest.  Prokofiev died 1953.

United States:
1) Any work first published before 1928 is in the public domain. Example: Prokofiev's Piano Concerto No.1 is public domain in the US, since it was published in 1912.
2) Any work first published from 1928 to 1977 is subject to a 95-year term of copyright. (As long as a renewal 28 years after first publication was filed on time!)  - This is case for Prokofiev and other Russians
3) Any work first published 1978 and later is subject to a term of life of the last surviving author plus 70 years.
https://imslp.org/wiki/IMSLP:Copyright_Made_Simple

2nd scource for confirmation:  For USA: 95 years from first publication for works first published 1928–1977
https://en.wikipedia.org/wiki/List_of_countries%27_copyright_lengths

As mentioned in prior post, if your Prokofiev work that you arranged is NOT in the public domain based on when it was first published and the above mentioned rules: The unauthorized adaptation of a work may constitute copyright infringement.

My suggestion - Keep your Prokofiev arrangement out of the public in USA until 1/1/2031, assuming it was first published in 1935.  You need to verify the first publication date. 

Then when it is in the public domain - unfortunately 8 years from now or more:
https://www.copyright.gov/help/faq/faq-general.html
Q: Do you have to register with the U.S Copyright Office to be protected?
A: No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

If you need to register your work, follow Circular 14 instructions:
https://www.copyright.gov/circs/circ14.pdf
Copyright Office website at www.copyright.gov

Disclosure:  I am not an attorney nor have I ever obtained a copyright for music.  The following was obtained from a quick google search and quick reading of Circular 14.  See what others have to say here.

Good luck!

[andhow04]

Thank you ! I guess he won't be getting my arrangement !!