copyright extension - Vaughan Williams - cont

From: Alexander Klett <alexander.klett[_at_]student.uni-tuebingen.de>
Date: Thu, 25 Apr 1996 12:26:30 +0200 (MESZ)

On Mon, 22 Apr 1996, Paul Heald wrote:
>>
>> My wife is a choir director. Next fall we are sheduled to sing
>> Ralph Vaughn Williams' "O Clap Your Hands" (1921) in our church. If
>> copyright is extended another twenty years, our parishoners will pay
>> $1.50 per copy per chorister. If it is not, then she may photocopy
>> for about fifteen cents per chorister. Multiply that by all the
>> church choirs, civic choruses, schools with music programs, etc., and
>> then imagine different kinds of similarly situated works and you get
>> the picture.

Yesterday I wrote:
>
> And you can be happy about this specifically American situation, Paul. I
> wonder whether anywhere in the world - apart from the U.S. - the piece
> you talk about will be public domain after 12/31/1996. Definitely not in
> Europe: Vaughan Williams - an English composer btw - died in 1958. Even
> with a period of protection of only 50 years p.m.a. (minimum in Europe
> before directive 93/98/EEC) all of Vaughan Williams' works were protected
> until 12/31/2008. After implementation of the directive they now are
> protected until 12/31/2028 anywhere in the European Union. You would have
> to wait a long time if you wanted to perform the piece in Europe after it
> has become public domain.
>
> Alex

Right after I wrote this I started to doubt whether it was correct that Vaughan Williams works are no longer protected in the U.S. after 12/31/96. Under the American Copyright Act it would be correct I believe. If you look at the RBC the result might be slightly different, however:

Does this case fall within the scope of the RBC ? Yes, it does (cf. Art.5 s.1 RBC: protection in all countries but the country of origin - here: protection of an English work in the U.S.).

Are the U.S. a member state of the RBC ? Yes, they are (since 1989 I believe).

Which level of protection does the RBC provide for ? - the same protection that citizens of this country enjoy,   Art.5 s.1 RBC (U.S. Copyright Act - see above) - BUT: minimum standard is 50 years p.m.a., Art.7 s.1 RBC

Does this apply to the U.S. ?
- the U.S. ratified the RBC in 1989. According to Art.18 s.1 the RBC protects all works which are still protected in the country of origin of the work at the time the RBC comes into force. Ralph Vaughan Williams' works were still protected in England when the U.S. joined the RBC in 1989.  

BUT: Does this apply also if a country joins the RBC later ? - Yes, it does apply to countries which join the RBC later,   Art.18 s.4 RBC.

RESULT: According to Art.5 s.1, 7 s.1, 18 s.1/s.4 RBC Ralph Vaughan Williams works are protected in the U.S. until 12/31/2008 !!!!!!!!

OR AM I COMPLETELY WRONG ???
Please tell me.

Alex

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Alexander Klett, postgrad student
University of Tuebingen Faculty of Law
Tuebingen, Germany

                                                     "Attempto !"

alexander.klett[_at_]student.uni-tuebingen.de

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Received on Thu Apr 25 1996 - 10:23:26 GMT