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Jean Alain Copyright request

Posted: Fri Feb 04, 2011 10:51 pm
by didi1
Hi experts,

Jean Alain died 1940 in the 2nd world war..
Considering the gernal rule of 70 years, his work should be genarllay out of copywight.
However I read at your side:
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France

As from January 1, 1995, the basic copyright has a duration of life of the last surviving author +70 years. Anonymous editions enjoy a copyright of 70 years after publication, or if not published, 70 years after creation. There is 30 extra years for authors who 'died in action' (like Jehan Alain). In addition, posthumous works are copyrighted 25 years from the year of publication. However, protection of musical works enjoys special time extension compensating for the war period (WWI and WWII). For composers who died before January 1, 1995, the time protection after death is 78 years and 120 days for works published between January 1, 1921 and December 31, 1947 and 84 years and 272 days for works published until December 31, 1920. This is why none of Ravel’s work is Public Domain in France in 2009 while it is so in many European countries.
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So Alain applies to the extended 30 years plus .

So my question - does this copyright apply only for French editions, or for any editions (not sure
though if there exist such non French organ editions at all)

Thanks for any help in this issue !!

Best Regards // Didi

Re: Jean Alain Copyright request

Posted: Sat Feb 05, 2011 12:15 am
by Carolus
Jehan Alain's life-plus-100 copyright term applies only in France (possibly Mexico). It does not apply anywhere else in the EU, or in any other country. Apart from France, Mexico and Cote d'Ivoire (with 100 and 99 pma copyright terms) and the USA, music of Alain published in his lifetime is public domain everywhere in the world. The USA employs a term of 95 years from the date of first publication for works first published before 1978, so anything first published between 1923-1977 is protected up to 95 years. Interestingly, on January 1st any unpublished works of Jehan Alain entered the US public domain.

Re: Jean Alain Copyright request

Posted: Sat Feb 05, 2011 12:38 am
by pml
Jehan Alain died in direct action against the German army – have a look at any biography of his life. He therefore merits the full 30-year extension of the basic copyright term that France legislated for their wartime dead, but as Carolus says, this only persists within France: elsewhere Alain’s works published in his lifetime are in the public domain.

I’ve been following the copyright discussions between one concert-giving organisation with local representatives of Alain’s publishers regarding a performance of one of Alain’s large works here, and the publishers agree there are essentially no issues (as Australia is not France).

The upshot is, if you’re in France, Didi, then it’s a bit of bad luck!

Cheers, Philip

Re: Jean Alain Copyright request

Posted: Sat Feb 05, 2011 8:13 am
by didi1
Thanks for your quick help.

Luckily I'm living in Germany, not it France :D

Best regards // Didi