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According to this article in the law journal of Villanova University, it is not in the public domain (at least, Balanchine's version). The ballet is wholly owned by Leda Eglevsky - though I think she has died so it has probably devolved to her heirs, and may still be administered by the Trust.

It might make sense to ask someone at ABT - since it is in their repertory, they would would know who they contact for permission to perform it.

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