Piano Guidance
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What is the 70 year rule in music?

Rules by type of work or performance From date of the creation of the work until 70 years following the authors death. A sound recording is the recording or fixation of sound. It may be a recording of the whole, or part of, a literary, musical or dramatic work.

gov.uk - Copyright Notice: Duration of copyright (term) - GOV.UK
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What is a copyright notice?

Copyright notices are published by the Intellectual Property Office to help explain specific areas of UK copyright law. This notice is aimed at individuals and business who wish to understand how long copyright protection lasts in new and existing works. This notice is not meant as a substitute for legal advice. It is intended to help readers understand some of the issues involved in determining the duration copyright lasts. Finally, it is not a conclusive view of the law – only a decision of the court can deal provide that.

What is ‘duration of copyright’?

Copyright gives the creator, or owner, of a work of copyright the exclusive right to exploit it. Duration of copyright, also known as ‘copyright term’, refers to how long protection lasts in that work.

How long is the duration of copyright?

The duration of copyright depends on factors including:

the type of work,

who authored the work,

when the work was created or published

You should be aware that the duration of copyright noted in this section applies in most circumstances but in a small number of cases other rules may apply. You can check the exceptions to the general rules section and refer your enquiry to a specialist IP lawyer should you be in any doubt.

Rules by type of work or performance

Type of work Examples of works Duration Literary, musical, dramatic and artistic works - written works like stories, plays, essays or poems,

- dances or mines,

- musical works,

- graphic works, like paintings and drawings, etchings, engravings, photographs and sculptures,

- works of architecture,

- works of artistic craftmanship

see also specific types of literary, musical, dramatic and artistic works. From date of the creation of the work until 70 years following the authors death. Sound recordings A sound recording is the recording or fixation of sound. It may be a recording of the whole, or part of, a literary, musical or dramatic work. Copyright in a sound recording applies separately from the copyright and the term of protection for works or performances which are included in the sound recording. 50 years from the year in which the sound recording was made. If during that period the sound recording is published or made available to the public (e.g. by being played in public or broadcast), copyright lasts for 70 years from that year. Broadcasts A broadcast is the electronic transmission of visual images, sounds or other information for the simultaneous reception by members of the public, such as television shows. Copyright in a broadcast applies separately from the copyright and the term of protection for works or performances which are included in the broadcast. 50 years from the year in which the broadcast was made. Films A film is any recording onto a medium from which a moving image can be produced. Copyright in a film applies separately from the copyright and the term of protection for works or performances which are included in the film. 70 years after the death of the last surviving author, director, writer, or composer. If the identity of these persons is unknown then the term is 70 years from creation, or if released to the public, 70 years from being made available. Non-creative films Films that have no director, author of screenplay, author of dialogue and music composer e.g. mere fixations like CCTV. 50 years from the year of creation. Typographical arrangements A typographical arrangement refers to the way a published edition is visually laid out e.g. columns of text on the page, where illustrations are inserted etc. 25 years from the year of first publication. Performers’ rights A performance may be:

- a musical performance,

- a reading or recitation of a literary work, or

- a performance of a play, a variety act or similar. 50 years from the year of the performance. 50 years from the year of release of a recording other than a sound recording, provided the recording took place during the 50 years after the performance. 70 years from the year of the release of a sound recording of the performance, provided the recording took place during the period of 50 years after the performance.

Rules for specific types of creator

Computer generated works A computer-generated work has no human author, for example, a painting created by a computer program. 50 years from the year of creation. Crown copyright works Works made by the Crown or an officer or servant of the Crown in the course of their duties (e.g. an employee of a Government department). 125 years from creation. 50 years from commercial publication, if published within 75 years of creation. Parliamentary copyright works Works made by or under the control of the House of Commons or the House of Lords, or an officer of the crown such as a police officer or government minister. 50 years from creation. Works of joint/co-authorship Works of joint authorship are produced by two or more authors where the contribution of each author is not distinct from the other. Works of co-authorship are a collaboration between the author of a musical work and an author of a literary work. Both works must be used together (e.g. a song) 70 years from the year in which the last surviving author dies. Works of unknown authorship Works of unknown authorship are where the identity of the author(s) is unknown, or where it cannot be identified by reasonable enquiry. A work where the author was once known, cannot be later regarded as a work of unknown authorship. 70 years from the end of the year in which it was made. If during that period the work is made available to the public (publication, exhibition, etc.), 70 years from the end of the year in which it was first made available.

See also exception below.

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Exceptions to the general rules

Depending on the date of death of the author, creation and publication dates, some works are treated differently and may have varying terms of copyright. This section outlines these areas; however, it can be complicated to ascertain specifically what applies in each case. A flowchart at the end of this notice may help you work through the questions to ask.

Pre-1989 unpublished works (the ‘2039’ rule) and rules for specific works

Some works are protected in the UK until 31st December 2039, even where the author died perhaps hundreds of years ago. This is also known as the ‘2039’ rule., and applies to literary, dramatic and musical works, but not artistic works other than photographs and engravings. Other rules apply for photographs, films and sound recordings. Type of work Date of death of author Publication date When copyright expires Literary, dramatic and musical works unpublished at the end of 1988 Before 1969 n/a 31 December 2039 (Also known as the ‘2039 rule’) Engravings unpublished at the end of 1988 Before 1969 n/a 31 December 2039 Unpublished photographs and sound recordings taken/made between 1 June 1957 and 1 August 1989 n/a n/a 31 December 2039 Published photographs and engravings Before 1969 More than 20 years after author’s death and before 1 August 1989 50 years after publication Films not registrable under former enactments, or registered before 1 August 1989 n/a More than 20 years after death of author, composer and director, and before 1 August 1989 50 years after publication Published sound recordings made before 1 January 1963 n/a n/a 50 years after creation

Anonymous or pseudonymous works (Works of unknown authorship)

In the case of anonymous or pseudonymous works, the use of a work is allowed where it is not possible to ascertain the identity of the author. It must be reasonable to assume that copyright has expired, or the author died over 70 years ago.

Perpetual copyright

Peter Pan

In 1929, the author, JM Barrie, gifted the rights to his play, Peter Pan, to the Great Ormond Street Hospital for Children. The copyright in this work expired in 1987, 50 years after his death. However, in 1988 Parliament introduced a perpetual right to royalties for the use of the Peter Pan play, payable to the Great Ormond Street Hospital for Children.

King James Bible

The right to print, publish and distribute the King James Bible, 1611, is licensed by the Crown to publishers. This allows them to reproduce, under letters patent, which is a written order issued by the monarch.

Foreign works

The Berne Convention sets minimum standards and rules on how works should be treated. The UK, and many other countries, provide standards which go above the minimum standards set out in the convention. However, in most cases the UK does not provide protection to foreign works, where the protection in the country of origin has ended. If the work is still within copyright in the country or origin, the work is protected in the UK, as if it were a UK work. The Summary of the Berne convention for the protection of literary and artistic works 1886 provides more information.

Embedded works

It is important to remember that copyright covers many types of creativity that, in many cases, come together to form a completed work. For instance, a song recording usually consists of lyrics and music, as well as performances of the artists. This means that whilst parts of the work with lesser terms may have expired, other elements with longer terms mean that the sound recording could still be under copyright protection. It is important that, before using the work, you are sure that a) no copyright exists, or b) the necessary permissions or licences are sought.

Short case studies

Case Study 1: I would like to use a music video in a documentary. What artists need to be remunerated, and how do I go about doing this?

It is often the case that there are multiple copyright works within a single creation, which will last for different periods. In a music video the following groups may have rights and using the video without permission would be an infringement: lyricists, musicians, singers, performers and producers. Depending on what you wish to feature in your documentary, you may need to obtain permission from some or all of these rights holders. However, in many cases the individual rights are assigned to the production company. You may be able to do this through a collective management organisation that administers licences and pays right holders for use of these types of works. You may also need to contact rights holders directly.

Case Study 2: I am organising a revival of a musical theatre public performance from 1918. What do I need to consider and where do I get permission?

A musical theatre piece will consist of many works, for example, musical works, literary works, dance choreography and artistic works. You will need to establish the date they were created and when the author(s) died. For example, the libretto may have been written before the music and by a different person. If the works are no longer protected by copyright, they are free to use. If they remain in copyright, then you will need to obtain permission to use them or, in rare circumstances, rely on a copyright exception. You may be able to obtain permission through a collective management organisation that administers licences and pays right holders for use of these types of works. Or, you may need to contact rights holders directly. If you do not know who the right holder is or cannot find them, you can apply to the IPO’s Orphan Works Licensing Scheme. The scheme can provide a licence, subject to payment of the appropriate fees and completion of a diligent search for the rights holder. Should the rights holder come to light within 8 years of the licence, the fee will be passed on to them. For further information on orphan works.

Case Study 3: I have found a poem from 1899 that has not been published. The author died in 1905, when does copyright expire?

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In this instance, the ‘2039 rule’ applies, because the work was created before 1 August 1989 and the author died before 1969. Copyright will expire on 31 December 2039. To use this work, you will need to contact the current copyright owner to seek permission. Because the author is deceased, the owner of the copyright is likely to be the beneficiary of the deceased estate. If you are unable to find this information and wish to use the work, you may be able to make use of the IPO’s Orphan Works Licensing Scheme. For further information on orphan works.

Common questions

Is a work still within copyright protection?

To understand whether a work is within copyright protection, you will need to find out when it was created, published or made available. Sometimes this is obvious, such as a date on the works, and sometimes it is not obvious. You should note that using a work without the copyright owner’s permission could be considered infringement, unless your use is within one of the copyright exceptions.

Is a work in the public domain i.e. free to use?

Some people use public domain to cover works that are widely available on the internet. Some creators may be happy for this to be the case, others may not. This is also separate from whether copyright still exists in the work, which will depend on the type of work and when or if the creator has died. You can refer to the tables above to see whether copyright has expired. If the work is still within copyright protection, you should check the licence terms, which may allow the work to be freely used, or within certain uses. Lastly, check whether your intended use is covered by an exception. If none of these apply, then you will require permission or a licence to use the work.

I can’t find the owner of a work I want to use. What do I do?

If you would like to use a work, and cannot locate the owner or do not know who they are, you can apply to the Intellectual Property Office for an Orphan Works Licence. Should the rights holder come to light within 8 years of the licence, the fee will be passed on to them. For further information on orphan works.

Are old literary works still within copyright?

This will depend on the creation date of the work, the death of the author and whether the work was published. Some works, even though created hundreds of years ago, are protected in the UK until December 31st, 2039. This is known as the 2039 rule. See the Exceptions to the general rules section of this notice for further information.

How long does copyright last in other countries?

The length of copyright varies across the world. The Berne Convention sets minimum standards which, with the exception of photographic and cinematographic works, lasts for the life of the author plus 50 years. However, most developed nations, such as the UK, EU, US, Japan and Australia provide much greater protection than this, generally around 70 years after the death of the author. Variances can occur from work to work. For country specific information you should contact the government department in that country, which is responsible for intellectual property, also known as industrial property in some countries.

A list of UK collective management organisations, also known as collecting societies.

Do I always need permission to use a work still protected by copyright?

No. There are various exceptions to copyright, which, where specified, enable the use of a work without the permission of the owner. This includes illustration for instruction, private study or making accessible copies for persons with disabilities. Further information can be found on the [Exceptions to copyright}(https://www.gov.uk/guidance/exceptions-to-copyright)

Are popular fictional works protected by copyright?

Literary works are protected when they are original, and the duration will depend on when the works were created, not their popularity at any given point. However, recent works may be protected by copyright until the next century, as copyright lasts for 70 years after the death of the author. The date of the death of the author will be the important date to establish.

Can an out of copyright work, such as a literary work, be modernised and brought back into copyright?

Copyright protection is intended to provide the owner with the ability to prosper from their work for a set period and therefore the answer is, no. However, a literary work such as a new version of a Charles Dickens novel might contain more than one work. Updating the book with new illustrations, with the addition of commentary would attract copyright protection, although the underlying unchanged work would not attract additional copyright protection. Also, a language translation of the work may attract copyright, although again, the underlying work would not be brought back into copyright. You should also be aware that new publications will have their typographical arrangement protected for 25 years.

I have other questions – who can help me?

The IPO provides a copyright enquiries service, which may be able to help you. You can send your enquiry to [email protected]. Please be aware that the Copyright Enquiries service is only able to provide general advice regarding current UK copyright law. It cannot provide legal advice regarding how the law should be interpreted in specific cases.

gov.uk - Copyright Notice: Duration of copyright (term) - GOV.UK
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