Is Mr. Cinders (1928) in the public domain?

[steve.sometime]

Posted: 7/16/24 at 2:22pm

Mr. Cinders, the gender-reversed Cinderella musical written by Vivian Ellis and Richard Myers, first performed in 1928 in the UK, 1929 in London, has one of my favorite scores. By the British copyright law, which is death of author + 70 years, it won't enter the public domain until 2066. But under the American copyright law, publication date + 95 years, it seems it should have entered the public domain this year. I know close to nothing about copyright laws. Is the show in public domain in the US already? At least the original version, as I understand the London revival in the 80s featured some revisions. What happens if a show written by British people is not in the public domain in the UK, but is in the public domain in the US? Can people produce it in the US for free?

[ErmengardeStopSniveling]

Posted: 7/16/24 at 3:03pm

I'm not a copyright lawyer but I asked the dreaded ChatGPT "When will Mr. Cinders by Vivian Ellis and Richard Myers (published in the United Kingdom) enter Public Domain in the United States?" and this was the response, which might be a starting point for finding an answer. TLDR, you probably need to consult a lawyer if you want to produce or revise it.
 

Based on the publication date of 1929 and considering the typical copyright rules applicable in the United States:

1. Original Publication Date: "Mr. Cinders" was published in 1929 in the United Kingdom.

2. Copyright Status in the U.S.:

   • For works published outside the United States before 1978, the rules were different depending on whether the work was published with compliance to U.S. copyright formalities.
   • If "Mr. Cinders" was published in the UK without simultaneous compliance with U.S. formalities (such as proper copyright notice), it might not have received copyright protection in the U.S. initially.

3. Subsequent Rules and Treaties:

   • The Uruguay Round Agreements Act (URAA) implemented changes to U.S. copyright law regarding foreign works. Specifically, works that were still under copyright in their home country as of January 1, 1996, and were not in the public domain in the U.S. as of that date, gained restored copyright protection in the U.S. with a total term of 95 years from the date of publication.

4. Public Domain Calculation:

   • If "Mr. Cinders" did not receive U.S. copyright protection initially due to non-compliance with U.S. formalities, and if it was still under copyright in the UK on January 1, 1996, then its copyright in the U.S. would have been restored.
   • Under this scenario, the copyright in the U.S. would extend for 95 years from the date of publication, which would mean it enters the public domain in the U.S. 95 years after 1929.

Therefore, under these assumptions and based on typical copyright rules and international treaties like the URAA, "Mr. Cinders" by Vivian Ellis and Richard Myers is estimated to enter the public domain in the United States on January 1, 2025, assuming it did not initially receive U.S. copyright protection and its copyright was restored under URAA provisions.

 

Updated On: 7/16/24 at 03:03 PM