IMSLP:Copyright Reviewers

1 Procedure
2 Guidelines
3 See also
4 Members and Further Questions

This page is designed for users with the Copyright Review permission (copyright reviewers): it describes the procedures and guidelines to be followed in the process of file tagging.

Procedure

If necessary, copyright reviewers are expected to do a reasonable amount of lookup into a publication's background, as detailed below.

The tag procedure can be started by clicking on the copyright status link of a file. Follow the directions described on the landing page and the consensus guidelines described below. It is important to remember that V, C, N! or a number below 22 (below 24 for the US and EU) will release the file for access to all users. In non-standard cases, provide reasons for your tag in the comments box. In any doubt, leave the file tagged U for the country in question.

To tag multiple files at once, use the IMSLP Mass Tagger.

All tags can be listed using the IMSLP Tag Finder. Unreviewed tags can be listed here.

Guidelines

As a general rule, wait a minimum of 1 hour before tagging any new uploads of another copyright reviewer.

Scans

The US applies a term of 95 years from publication for all works published before 1978, while most other countries apply a term of 50 or 70 years from the author's death for most works, reserving "publication date-plus-term" for special cases (such as urtext editions).

IMSLP accordingly employs a three-section tagging system for copyright status: Canada (where IMSLP is hosted), the US (where most visitors to IMSLP are located) and the EU.

While countries which follow a term of 70 years after the author's death have many similarities in their copyright law to the EU, some of their terms for special cases differ.

1. Identify publication data

The death date of all creators of a work is essential in determining copyright status for Canada and the EU. The copyright term length in these countries is determined by the death date of the last surviving contributor to the work in question.
Information (especially the date) of first publication of a work is essential for determining copyright status in the US.
The country of origin of the work is based on the nationality of the author and the place of first publication.
Do the editorial contributions meet the threshold of originality? Is the edition a critical or urtext edition?
Is this edition a posthumous first edition? If so, the date of first publication is very important.

2. Look up the copyright term in its country of origin

The country of origin is determined, depending on local legislation, on the nationality of the author, or the place(s) of first publication. The Berne Convention defines the country of origin as the "country of first lawful publication". Country-specific information can be found here.

Follow these guidelines for special cases:

Urtext or Critical editions

In the EU, only the following countries have a copyright term for urtext/critical editions:

Germany - 25 years from publication (or 25 years from creation, if not published within 25 years) "if they represent the result of scientific analysis and differ in a significant matter from previously known editions"
Italy - 20 years from publication
Poland - 30 years from publication
Portugal - 25 years from publication
Spain - 25 years from publication

[The United Kingdom, while no longer an EU country, similarly protects "typographical arrangements" for 25 years from publication.]

(Note: the EU copyright 93/98 and 2006/116/EC directives permit member states to impose a maximum term of 30 years, but does not mandate such a term.)

Publications from the Soviet era in Czech, Hungary, Poland (published in 1989 or earlier)

Original works, orchestrations, arrangements or editions with significant original editorial contribution: 70 years from the author's death
Urtext or Critical editions - public domain

If no editor is given, check to see if the edition is part of a collection or series. If no editor is given on the collection's or series' workpage, then the edition is probably in the public domain.

Publications from the former USSR (published in 1991 or earlier)

Original works, orchestrations, arrangements or editions with significant original editorial contribution: life-plus-70
Urtext or Critical editions - public domain
If no editor is given, check to see if the edition is part of a collection or series. If no editor is given on the collection's or series' workpage, then the edition is probably in the public domain.

3. Look up the copyright terms in the three main categories

The following information may be out of date. For updated information, see Public domain.

Canada:

Copyright generally lasted for 50 years after the author's death for authors who died in 1971 or earlier, and now generally lasts for 70 years after the author's death for authors who died in 1972 or later.
All the works of authors who died in 1971 or earlier are generally in the public domain, while all the works of authors who died in 1972 or later are generally still copyrighted.
Posthumous works made public in 1971 or earlier had a copyright term lasting for 50 years after they were made public. They are in the public domain.
Posthumous works first made public from 1972 to 1998 had a copyright term lasting for the longer of: 50 years from being first made public, or 70 years from the author's death.
Posthumous works first made public in 1999 or later where the author died in 1948 or earlier are in the public domain. Otherwise, the copyright term lasts for the longer of: 70 years from the author's death, or through 2048.
The country of origin is here based solely on the nationality of the author, though the Berne Convention's definition of country of origin (country of first lawful publication) may apply for works of non-Canadian authors.
Critical editions are generally regarded as lacking sufficient originality to qualify for copyright protection. (IMSLP voluntarily has a rule that these editions can be posted 25 years after publication.)

Copyright lasts for 70 years after the author's death. All the works of any person who died in 1953 or earlier are generally in the public domain.
Posthumous works first made public after the author's copyright has expired receive 25 years of protection, which is given to the publisher of the work.

Works published outside the EU follow the rule of shorter term, except if bilateral treaties exist (see them here). The EU Copyright Directive needs to be followed!

Works first published in 1928 or earlier are in the public domain. No exceptions.
Works first published in 1929 or later that are in public domain in the country of origin on the date of TRIPS entry (*see these entry dates here), and published without compliance with US formalities, are in public domain in the US.
Urtext works are no exception - if they're reprinted in the US, it's safe to assume they're public domain. Ex-Soviet publishers generally failed to file copyright in the US. If unsure, tag U*. To research a pre-1951 publication's US copyright renewal status, go to our Catalog of Copyright Entries page. From there, you will find a series of links to scanned volumes of the Catalog of Copyright Entries which are hosted at the Internet Archive. More volumes are gradually being added so that one should eventually be able to search for any music score published between 1929 and 1950. For items published from 1951 through 1963, go to the Copyright Office's search page.

Typesets

Typesets are computer re-engravings of certain editions. The work that has been re-engraved should be in public domain too. In most cases, you will not need to identify the source publication. This is not a big problem, as the responsibility lies with the typesetter. In some cases the typeset is a new or a critical edition made by the typesetter.
Look for the name of typesetter. Is there a name on the score? Is the typesetter the uploader? Contact them, and invite them to make theirself public on their user page. The vast majority of typesetters are active on Mutopia or WIMA.
Typesets are for practical purposes regarded as new editions, even if there is no editorial addition by the typesetter. The typesetter should therefore be listed as the editor, even if it is merely a re-engraving of an older edition. By virtue of the fact that the music was entered into a computer notation program, the person doing it becomes an editor since it is impossible to exactly duplicate a plate engraving with notational programs like Finale, Sibelius, Lilypond, and others.
If the typeset originated at Mutopia or a similar site, that site should be listed as publisher, since making a file available for distribution - even if at no charge - constitutes "publication" according to the legal definition of the term in many countries, including Canada and the US. Otherwise, the typesetter/editor should be listed as publisher.
If details are known, and the typesetter grants permission to distribute his/her scores, tag N!/N!/N!
If nothing is known, ask the uploader if they have permission, and wait 24 hours for a confirmation. If none is given after that time, delete the file (or mark it for deletion if you are not a sysop).

Verified vs. Checked

The most common usages of the tag C are as follows:

Canada

Date of death of author unknown: assuming an average lifespan of about 80 years, a publication with contributions from any person born in around 1892 or later and with an unknown death date should be tagged as C. Reviewers should keep in mind that this applies to arrangers, editors (non-urtext), librettists, translators and other contributors along with composers.
Urtext editions: according to at least one legal opinion, urtext editions do not meet the 'threshold of originality' required for copyright protection in Canada. This is not explicitly stated in Canada's copyright laws, though, which is why urtext editions where the editor died in 1972 or later should be tagged as C*.
Posthumous works performed/delivered in the author's lifetime: if a work was first published in 1972 or later, but first performed or delivered (e.g. a studio broadcast) during the author's lifetime (given that the author died in 1971 or earlier), it is in the public domain. If it is uncertain but probable that this was the case, C should be used.

US

Publication without proper copyright notice: before 1978, a first publication of a work which lacked a notice or was issued with a defective notice automatically entered the public domain on being offered for distribution in the US. However, if the work was still under copyright in its country of origin on 1 January 1996, under the terms of the URAA, the copyright would be automatically restored to a full term. Items published without notice between 1978 and February 28, 1989 could also have entered the US public domain if corrective measures were not taken. Only tag as V if there is no possible way it could have been restored to copyright, or has been confirmed to be PD through other means; otherwise, tag as C.
Apparent lack of registration and/or renewal with the US Copyright Office for editions with proper notices before 1964 (and after 1928). Registration was actually a requirement of renewal, so sometimes one encounters a registration in the same year as the renewal (the year of publication will probably be correct in the registration though).
Recordings issued in 1924 or later are copyright in the US.

EU

Date of death of author unknown: assuming an average lifespan of about 80 years, a publication with contributions from any person born in around 1874 or later and with an unknown death date should be tagged as C. Reviewers should keep in mind that this applies to arrangers, editors (non-urtext), librettists, translators and other contributors along with composers.
Manuscripts where the publication status is unknown: the EU employs a term of 25 years from first publication of any previously unpublished work of authors who died in 1953 or earlier. For manuscripts where the date of first publication or delivery (in any format) cannot be determined, the best tag to use is C.
Rule of the Shorter Term: works by authors who died in 1954 or later but are public domain in the country of origin (i.e. country of publication) are public domain under the Rule of the Shorter Term. However, some EU countries may have bilateral treaties (for instance, with the US) that would make the work in question under copyright. Whenever the Rule of the Shorter Term becomes a factor in determining EU copyright status, tag as C.
Urtext editions first published between 25 and 30 years ago. While the longest term for urtext editions presently employed is 25 years (Germany and UK), the EU copyright directive 2006/116/EC allows member states to protect such editions for a maximum term of 30 years from lawful publication. As EU member states are free to establish terms for this type of edition at any time, the best course of action for items published between 25 and 30 years ago is to employ the C* tag.

Members and Further Questions

Please direct questions related to copyright review to the head reviewer, Dbmiller.
Members of the team are listed here.
The test (as of 29 June 2011) is located here.