The Phantom of the Opera: Why the 1932 Film’s Music is Still Under Copyright

A look at the 1932 film adaptation of The Phantom of the Opera and why its music is still under copyright.

Introduction

The popular musical “The Phantom of the Opera” has been adapted for film several times, most notably in a 1925 film starring Lon Chaney and a 1943 technicolor production. The 1932 Universal film is the best known, however, due to its lavish set design and use of color. The soundtrack for this film was composed by Franz Waxman, and it is this music which is still under copyright today.

Waxman’s score was nominated for an Academy Award, and it remains one of the most well-known pieces of music associated with the “Phantom” story. However, because the film was released in the early days of sound cinema, the music was not legally protected as a separate work from the film itself. As a result, the copyright on the music has been extended several times over the years in order to keep it from falling into the public domain.

The current copyright term for songs published in 1932 will expire on January 1, 2029, meaning that the “Phantom of the Opera” soundtrack will finally enter the public domain in less than ten years. Until then, however, use of Waxman’s music will require payment of royalties to Universal Pictures.

The History of the Film’s Music

The 1932 film The Phantom of the Opera was a musical drama based on the 1910 novel of the same name. The film was produced by Universal Pictures and directed by Rupert Julian. It starred Lon Chaney in the titular role. The film’s music was composed by Gaston Leroux, and the lyrics were written by Edward Hardy. The film’s score was conducted by Karl Hajos.

The Original Composer

The original composer of The Phantom of the Opera was Gaston Leroux. He was born in Paris in 1868 and died in 1927. Leroux was a French journalist and author of crime fiction. He is best known for his novel The Phantom of the Opera, which has been adapted into numerous films and stage productions.

Leroux’s novel was published in 1909 and was immediately successful. It was translated into English and released in America in 1911. The first film adaptation of the novel was released in 1925, with Lon Chaney Sr. in the role of the Phantom. The 1925 film was a critical and commercial success, and its music score by Gaston Leroux became popular as well.

The 1932 film adaptation of The Phantom of the Opera starred Lionel Barrymore as the Phantom. The film’s music score was composed by Franz Waxman, with songs by Charles Kompinsky and Harry Tobias. Waxman’s score is considered to be one of the best ever written for a film adaptation of a stage musical. The songs “Don Juan” and “Serenade for Two” were both nominated for Academy Awards.

The 1932 film’s music score is still under copyright protection in the United States, due to a quirk in copyright law. Copyright protection for works published before 1978 lasts for 95 years from the date of publication. However, works that were published between 1923 and 1963 only have copyright protection for 75 years from the date of publication. This means that the 1925 film’s music score will enter the public domain on January 1, 2025, but the 1932 film’s music score will not enter the public domain until January 1, 2033.

The Film’s Score

The Phantom of the Opera is a 1932 American pre-Code horror film directed by Ernst Lubitsch, starring Lon Chaney in his penultimate screen appearance as the titular character. The film is an adaptation of the 1910 novel Le Fantôme de l’Opéra by Gaston Leroux, and its 1925 silent film adaptation, starring Lon Chaney, Sr..

Although the 1925 film was a critical and financial success at the time of its release, the 1932 version was met with mixed reviews from critics. However, the film’s score was well-received and is considered to be one of the best scores ever written for a film. The score was composed by Polish composer Alexander Glazunov and conducted by German conductor Wilhelm Furtwängler. It is notable for being one of the first films to use recorded music instead of a live orchestra.

The score for the 1932 film was released on CD in 2008, and is still under copyright in many countries.

The Copyright Controversy

The 1932 film adaptation of Gaston Leroux’s 1911 novel The Phantom of the Opera is one of the most well-known and beloved films of all time. The film’s music, however, is still under copyright and has been the subject of much controversy.

The Copyright Term

Under U.S. law, the copyright in a work lasts for the life of the author plus 70 years. For works made for hire, and for anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

This Copyright Term Extension Act was passed in 1998 and retroactively extended the term of copyright by 20 years. So, for example, a work published in 1923 will now be in the public domain in 2019, instead of 1999.

But there’s a catch. The Act also included a ” savoir faire” provision that allowed copyrighted works created before January 1, 1978, but not published or registered for copyright before that date, to have their terms extended until December 31, 2002. So works created before 1978 but not published until after 1977 will remain under copyright until at least 2047!

The Copyright Extension

In 1998, the Copyright Term Extension Act was passed, extending the copyright term for an additional 20 years. This Act retroactively extended the copyright term for all works that were still copyrighted under the old system. For example, a work published in 1923 would have entered the public domain on January 1, 1999, but the Copyright Term Extension Act pushed that date back to January 1, 2019.

The Copyright Term Extension Act was highly controversial and sparked a great deal of debate. Supporters argued that it was necessary to bring US copyright law in line with European law, which had already been extended. They also argued that it would provide an incentive for creators to produce new works by ensuring that their work would be protected for a longer period of time.

Critics, on the other hand, argued that the extension was unnecessary and would simply result in works staying copyrighted for longer than they should be. They also pointed out that the extension would disproportionately benefit large corporations who held the rights to many works, while individual creators would not see as much of a benefit.

The Copyright Term Extension Act remains controversial to this day, and there is still debate about whether or not it was necessary or beneficial. However, there is no doubt that it has had a significant impact on copyright law in the United States.

The Impact of the Copyright Controversy

In 1932, the film “The Phantom of the Opera” was released to critical and commercial success. The movie’s score, composed by Ernesto Lecuona, was integral to its success. However, the music was not originally under copyright. It was only after the film’s release that Lecuona filed for copyright protection.

The Film’s Legacy

The 1932 film version of The Phantom of the Opera is one of the most famous and well-known adaptations of Gaston Leroux’s novel. The film was a critical and commercial success, and its soundtrack has become one of the most iconic and beloved pieces of movie music of all time. However, the film’s music is still under copyright, and has been for nearly a century.

The copyright controversy surrounding the film’s music has been a source of debate and frustration for fans and scholars for many years. The issue came to a head in 2006 when a group of researchers from the University of Pennsylvania attempted to create a public domain version of the film’s soundtrack. Their efforts were thwarted by the estate of composer Charles Gerhardt, who claimed that the film’s music was still under copyright.

The dispute over the copyright status of The Phantom of the Opera’s music continues to this day, with no clear resolution in sight. The legacy of the film’s music is complex and fascinating, and its continued Copyright protection ensures that it will remain an important part of our cultural heritage for many years to come.

The Future of the Film’s Music

The future of the film’s music is currently unknown, as the copyright battle continues. The current copyright holders, Warner Bros., have not released any new versions of the film since the 1993 VHS release. It is possible that they are waiting for the copyright to expire so that they can release a new version without paying royalties to the estate of Gaston Leroux. However, it is also possible that they are waiting for the estate to waive their rights so that they can release a new version without paying royalties.