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Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by TylerE on Wednesday January 01, 2020 @05:00PM (#21931031)
His audio, a new recording, would NOT be public domain. But it would be HIS.

There is a vital difference between copyright of the written music and any particular recording of said music.

Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by shakethemonkey on Wednesday January 01, 2020 @06:24PM (#21931514)
This isn't true. Replaying public domain music through mechanical means adds no creativity to the work, and thus has no copyrightable elements.
Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by est31 on Wednesday January 01, 2020 @07:17PM (#21931824)
For reference: this was specified in article 14 of the new EU copyright directive. One of the few good changes in it: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...
Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by empressplay on Wednesday January 01, 2020 @07:21PM (#21931843)
The type and timbre of the instrument used, the speed and volume of playback, any post-processing decisions, etc. are all creative choices and thus can make a resulting work copyrightable.

Be careful using generic music from the Internet.

Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by ronyeh on Wednesday January 01, 2020 @05:30PM (#21931186)
Yes you are correct. The audio recording any person generates through the procedure I outlined above is now copyrighted by that person, who may then choose to place it in the public domain.

It's like if I recorded myself playing Für Elise. The recording I generate is owned by me, unless I release it to the public domain.

Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by aperrien on Wednesday January 01, 2020 @05:18PM (#21931122)
Yes, but then you as an author can choose to place your own performance in the public domain.
Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by macintux on Wednesday January 01, 2020 @06:19PM (#21931478)
I thought that wasn't clearly established. I believe the assumption has been that you could call something public domain, and obviously people do so, but I don't believe it has been tested in court.

Not that I can see an obvious reason why it would be so tested, and frankly these are fuzzy memories from 15-20 years ago.

Re:Happy Public Domain Day: Gershwin’s “Rhapsody in Blue” Is... by vidarh on Wednesday January 01, 2020 @06:48PM (#21931672)
To what extent it is obvious just a simple statement that something is public domain would work depends on jurisdiction, which is why things like CC0 [1] exists.

[1] https://creativecommons.org/publicdomain/zero/1.0/legalcode