🎹 150 years in (C) Sharp Minor

CLAIMS international

Video version of the longread

When in spring 1929 Mickey Mouse appeared in the “Orphy House” - for the 5th time in Walt Disney animations - he started his musical concert playing Prelude C-Sharp Minor composed by Sergey Rachmaninoff.

"I have heard my inescapable piece done marvelously by some of the best pianists, and murdered cruelly by amateurs,… but never was I more stirred than by the performance of the great maestro Mouse." – presumably said great composer to Walt Disney during their meeting 13 years later.

С-Sharp Minor became the first global success for the 19-years-old composer… success not supported by the intellectual property legal framework of the Russian Empire, composer’s homeland.

Sergey Rachmaninoff and Walt Disney. https://1.bp.blogspot.com/-jaZ7OxsplQE/XX-_8pLzEOI/AAAAAAABZQw/Uw-VeDiHV20iFn0GwfRDHzQARljEqfmJACLcBGAsYHQ/s1600/IMG_2977.jpg

C-Sharp Minor – not a copyright, but actually a trademark?

International protection of musical pieces by means of Berne Convention was already - since 1887 to 89 - arranged at least in ten jurisdictions (Belgium, France, Germany, Italy, Spain, Switzerland, French Tunisia, UK, Luxembourg, Monaco).

However, at that time Russia within existing at that time trend of political isolationism had decided to avoid any signing of global intellectual property protection treaties, leaving its national composers stripped of their copyright protection abroad.

As a result, Rachmaninoff was never able to receive any direct financial benefits from the global popularity of the Prelude as well as was not able to save his musical masterpiece from being “murdered cruelly by amateurs”, a right which is usually granted to any creator of the object of copyright.

Rachmaninoff’s sounds of Prelude C-Sharp Minor were reflected in different musical works such as:

· “On with the Show” - Alex Mendham and His Orchestra album (2017)

· “Rock Meets Rachmaninoff” - Jon Schmidt (2011)

· “Pale Green Ghosts” - John Grant (2013)

· “One Call Away” - Charlie Puth (2015)

but have never benefited composer or his heirs.

At the same time, specifically this Prelude – never being protected by international copyright – has actually became something similar to a sound trademark of all Rachmaninoff’s legacy and creativity (e.g., see direct reference to Rachmaninoff in the name of Jon Schmidt’s appropriation), at least unregistered [First registered sound trademark appeared approximately 10 years after Rachmaninoff’s death).

From the places where important events occurred

In December 1917 Rachmaninoff forever left his politically crumbling country, which still has not joined Berne Convention, to continue musical career in the West keeping memories of his homeland in the deep of his heart and weaving them into sounds of his later composed music.

Last days in Russia he passed in brother’s apartment in a stone-through distance from St.Petersburg Conservatory, an institution where he his started musical education 34 year before his emigration.

Last apartment of Sergey Rachmaninoff in St.Petersburg

Having travelled for several years and lived in different locations, he has finally relocated to Villa Senar on the shores of Lac Lucerne in Switzerland, where he spent last part of his vibrant life, composing final masterpieces such as Rhapsody of a Theme of Paganini and Symphony # 3, and finally becoming international musical celebrity, to such extent that even Mickey Mouse has started its own pianist career playing Prelude C Sharp Minor of Sergey Rachmaninoff.

Lac Lucerne with Villa Senar on the other side of the Lac

Composer in the Eternity

After composer’s death in 1943, his musical legacy still continues to influence modern global culture.

Rachmaninoff’s sounds heard at least in the following musical pieces:

Frank Sinatra “Full Moon and Empty Arms” – 3rd Movement from Rachmaninoff’s 2nd Piano Concerto (1901)

Muse “Space Dementia” (2001)– 1st Movement from Rachmaninoff’s 2nd Piano Concerto

Frank Sinatra “I Think of You” (1957)- 1st Movement from Rachmaninoff’s 2nd Piano Concerto

David Bowie “Life on Mars?” (1971) – 2nd movement from Rachmaninoff’s 2nd Piano Concerto

Freddie Mercury and Montserrat Caballe "The Fallen Priest" (1988) – 1st Movement from Rachmaninoff’s 2nd Piano Concerto

Eric Carmen “Never Gonna Fall in Love Again” (1975) – 3rd Movement from Rachmaninoff’s 2nd Symphony (1907)

Danilo Perez “If I Forget You” (2008) – 3rd Movement from Rachmaninoff’s 2nd Symphony

It is widely known that Eric Carmen has used Rachmaninoff’s Piano Concerto No 2 to create the song “All by Myself” and being informed by Rachmaninov’s estate that maestro’s legacy is still protected by copyright at the moment of the song creation, has signed settlement providing up to 12% of royalties to the estate, and, in particular, indicated Sergey Rachmaninoff as a co-author of that song.

Subsequently, Sergey Rachmaninoff became a composer of the song created 32 years after his own death.

Today, when Walt Disney’s copyright on Mickey Mouse is very near to its expiration, Rachmaninoff’s copyright as co-author to “All by Myself” is at least 70 years far from being expired… since Rachmaninoff’s co-author Eric Carmen is still alive.

This situation is similar with copyrights on Pierre-Auguste Renoire sculptures co-authored with Richard Guinot [https://youtu.be/hsI6vl8K_Mg], with only difference that a new music were created and co-authored by Rachmaninoff after the death of the musical genius (unlike Renoire who has created last works during his life)...