How can I determine what elements of a work are covered by a copyright mark?

Question

I have sheet music for a piece of classical music that bears the following copyright claim:

© 1927 Carl Fischer, New York. © renewed 1955 Fritz Fischer

Fischer is a well-known publisher of classical sheet music.

I assume that classical music composed more than a century ago is certainly now in the public domain.

I gather that Fischer can claim copyright on its written form of public-domain music because the company adds interpretive markings to its sheet music, and those markings themselves constitute creative content?

In that case the only contents of the sheet music covered by copyright would be whatever unique musical markings Fischer adds, and not the notes set down by the original composer?

Is there any reliable way to determine which elements of a work like classical sheet music are covered by a copyright claim, other than to infringe and have the claimant reveal that at trial?

Answer 1

I gather that Fischer can claim copyright on its written form of public-domain music because the company adds interpretive markings to its sheet music, and those markings themselves constitute creative content?

They can probably also claim copyright on editorial content. For example, a piece may have multiple sources that do not agree with one another, and the editor's choice of how to reconcile these inconsistencies is subject to copyright. Even the layout and typography or engraving are subject to copyright, so if the score is nothing but a faithful transcription of the composer's only manuscript, making a photocopy of the score is infringement.

In that case the only contents of the sheet music covered by copyright would be whatever unique musical markings Fischer adds, and not the notes set down by the original composer?

The notes themselves are not protected by copyright if the composition has passed into the public domain, but to make a score that does not infringe the copyright in the Carl Fischer edition, you would have to find another source. A copy made by hand might be okay because it would not reproduce the layout and other graphic design elements.

Is there any reliable way to determine which elements of a work like classical sheet music are covered by a copyright claim, other than to infringe and have the claimant reveal that at trial?

You can consult the sources that the editor used. Anything that isn't in the sources is editorial and therefore protected. If you can't find out what sources were used, find all the sources you can. Anything that's present in a source that is old enough to have passed into the public domain is in the public domain.