Copyright and the PDF Maxime-Alphonse Etudes

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Looking over the search terms coming in to Horn Matters I know the word is out that there is a place you can find the Maxime-Alphonse etudes online. You know who you are; you want to save a few dimes as these are expensive etudes that horn teachers really like to use. They are in fact online in the IMSLP / Petrucci Music Library. But before any links, let’s take a minute and look at the topic of copyright.

From my perspective publishing my own books at of Horn Notes Edition I say copyright is a good thing. The issue in relation to Maxime-Alphonse is when does a publication becomes part of the Public Domain, i.e., not protected by copyright. In his recent book (2009) The Savvy Musician David Cutler has this concise discussion of the topic in relation to the law in the United States.

For works no longer protected by copyright, there are no restrictions or payments required. This includes all music composed before 1923. Since then, the length of copyright has been expanded drastically. For example, works written after 1977 are protected for the life of the composer plus 70 years. If unsure whether a piece is PD, search Public Domain Info (www.pdinfo.com). Please note: It is possible to copyright a new arrangement of a PD work.

Also, note that copyright law varies from country to country. As they note at pdinfo.com,

Countries other than the US may offer copyright protection for 70 years or more after the death of the author. There is no such thing as an “international copyright”. You must research and comply with the copyright laws of each separate country where you use music or lyrics.

The central thing is that what is currently online as the IMSLP / Petrucci Music Library is all in the Public Domain in Canada where the site is hosted. The editions are no longer under copyright there. The IMSLP / Petrucci Music Library is online at http://imslp.org/wiki/ and the page of Maxime-Alphonse etudes for download is here. Not every volume of Maxime-Alphonse is in the Public Domain currently in the United States, as they clearly note. Specifically volumes 4-6 are in the Public Domain but volumes 1-3 are not.

So what should you do? Buy the real etudes; it is still the right thing to do. But it is hardly a news flash that these are coming out of copyright very soon, and I expect that someone out there is already planning to publish all the Maxime-Alphonse etudes in an inexpensive, modern version.

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