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I recently purchased a CD of a symphony orchestra playing classical music by Beethoven. Beethoven composed his symphonies more than 150 years ago. Does that mean that the copyright in his music has expired? Can I copy that CD recording and sell it?
No. Remember that a creative expression can take many forms. A novel, a composition, a musical arrangement, and a performance are all examples of creative expressions that are protected by copyright. Beethoven composed his symphonies many years ago, and the copyright in that composition has expired. But there is a distinction between Beethoven's composition and the unique arrangement and performance of that composition by the symphony orchestra. The orchestra's arrangement and performance, and the sound recording that captured it are recent, and still protected by copyright.
You could make your own unique recording of Beethoven's work and sell it, because there is no longer any copyright protecting his composition. You could not do the same for a Lennon and McCartney composition because that copyright still subsists. You would have to pay the copyright owner for the right to record and sell a Beatles song. (That copyright is currently owned by Michael Jackson.)
December 1998
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