A French musical work (song, symphony, concerto, etc.) is considered protected as long as its author, and their heirs for 70 years after their death, receive royalties when it is broadcast (for example, in concerts or on television) or when it is reproduced (pressing of CDs, DVDs, etc.).
This is known as the period of legal protection.
Beyond this period, the musical work “falls” into the Public Domain, meaning it belongs to the community. We will return to this point later.
In France today, as in most European Union countries, the legal protection period for a musical work runs from the date of its publication until 70 years after the author’s death, or the death of the last living author in the case of a collaborative work. This 70-year period begins on the first day of the calendar year following the death of the author or the last living author. This is known as the post mortem protection period for musical works.
For example, take the case of the famous song “SUMMERTIME.” George Gershwin composed the music, and his brother Ira wrote the lyrics with Dorothy and DuBose Heyward. George Gershwin passed away in 1937, but his brother Ira, the last surviving author, died in 1983. Therefore, “SUMMERTIME” will not enter the Public Domain in Europe until at least 70 years after January 1st, 1984. We will later discuss the specific case of the United States.
But it’s not that simple. There are exceptions to this rule in France.
Indeed, the war years (1914-1918 and 1939-1945) are added to the 70-year protection period following the death of the last surviving author. Why this exception? Because it is acknowledged that the collection of royalties from broadcasters (balls, concert halls, etc.) and the distribution of rights by SACEM could not be carried out under normal conditions during the war periods.
For World War I, the extension period is: 6 years and 152 days.
For World War II, the extension period is: 8 years and 120 days.
For works published before December 31, 1920, both extension periods are cumulative. That amounts to a total of 14 years and 272 days.
Let’s take a concrete example:
Maurice Ravel’s “Trio in A minor” was composed in 1914.
Maurice Ravel died on December 28, 1937, and the post mortem protection period for this work began on January 1, 1938. Composed before December 31, 1920, the Trio is protected for 84 years and 272 days from January 1, 1938 (1938 + 70 years + 14 years and 272 days of extension). Therefore, Maurice Ravel’s Trio entered the Public Domain in 2022.
In contrast, the case is different for his famous “Boléro,” composed in 1928.
It entered the Public Domain in 2016, since only the second extension for World War II applies, which is 8 years and 120 days. (1938 + 70 years + 8 years and 120 days). Therefore, “Boléro” entered the Public Domain at the end of April 2016.
There is also a third, exceptional extension, unique to France, for authors who died for France. In such cases, the work benefits from an additional 30 years of legal protection. This is notably the case for the famous film composer Maurice Jaubert, who died in combat on June 19, 1940.
The specific case of American protection
The Sonny Bono Copyright Term Extension Act
Former assistant to Phil Spector, producer, composer, and member of the famous duo Sonny and Cher, Sonny Bono, who became a politician and mayor of Palm Springs, California, initiated this law, passed by Congress in 1998.
It has often been said that this law was driven by strong lobbying to protect Walt Disney’s rights over Mickey Mouse, which was due to enter the public domain in 2003. This is why it has been ironically nicknamed “The Mickey Mouse Protection Act.”
Thanks to this law, all American works published between 1923 and 1978 benefit from an irrevocable protection period of 95 years from their date of publication in the United States. For example, “Rhapsody in Blue,” also by George Gershwin, published in the United States in 1924, was considered in the Public Domain in Europe in 2016, but will only enter the Public Domain in 2019 in the United States, unless it was subject to collaborations with authors who died after George Gershwin.
The legal protection period for literary and musical works has continuously increased over time. Initially 5, then 10 years after the author’s death in the late 18th century, and later 50 years post mortem from 1866 to 1985, it is now, as we have seen, 70 years post mortem. There’s no guarantee that further extensions won’t occur in the future, despite some in the web or communications industry advocating for a reduction in this period.
We have discussed the case for most European countries and the United States, but it is important to note that each country has its own legislation in this regard. For example, a work may be in the Public Domain in Mexico but not in the United States. You can always refer to the website: Duration of copyright by country — Wikipedia (wikipedia.org) for a detailed overview of legal protection periods around the world, country by country.
Don’t confuse the legal protection period for musical works with that of recordings:
Recently, neighboring rights protecting recordings in Europe saw their legal protection period, originally set at 50 years after their publication, extended by 20 years. However, this extension applies from November 1, 2013, and recordings that entered the public domain in Europe before that date, i.e., before 1963, do not benefit from retroactive protection and remain in the public domain.
Nevertheless, just because a recording is in the public domain does not mean that the work it reproduces is de facto. Anyone can publish a CD of a Public Domain recording—i.e., one first published more than 70 years ago—provided they pay mechanical rights to the SDRM, owed to the authors and publishers whose works are still protected.
Frédéric Leibovitz – January 2016