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Re: Copyright issues related to doing original arrangements of songs?

Posted by PTravel on 01/11/06 02:14

"Kernix" <jimkernicky@gmail.com> wrote in message
news:1136920176.335005.187420@z14g2000cwz.googlegroups.com...
> The only songs that you could use without any worries are songs labeled
> "Traditional" or songs that have somehow come into the public domain.
>
> Traditionals are songs where no one knows who wrote the originals.
>
> Examples: House of the Risin' Sun, I Know You Rider as done by the
> Grateful Dead, the xmas song Auld Lang Syne, Blue Moon of Kentucky,
> Little Sadie (think either the Radiators or Widespread Panic did a
> version), In the Pines (Nirvana & Leadbelly), Amazing Grace, Rock a Bye
> Babie, I'm Henry the 8th I Am, Greensleeves, Watlzing Matilda, Danny
> Boy, SRV's version of Mary Had a Little Lamb, Swanee River, When Johnny
> Comes Marching Home,...
>
> Check various nursery rhymes, and various blues, bluegrass and folk
> tunes and ethic folk songs like Irish traditionals.
>
> Also, I think of lot of Grateful Dead covers were traditionals: Deep
> Elem Blues, C. C. Rider (may be Big Bill Broonzy's though), Dark
> Hollow, Cold Rain & Snow, Don't Ease Me In, Going Down The Road (also
> may be Big Bill Broonzy), Hey Pocky Way, New Orleans' Aiko Aiko,
> Peggy-O, Samson & Delilah blues classic, Staggerlee, Sittin' on Top of
> the World, We bid you Goodnight, Jack A Roe, See That My Grave is Kept
> Clean... Also, check the songs on Dylan's 1st Album.

Just to be clear, though the underlying songs may be in the public domain,
the recorded arrangements by Dylan, the Grateful Dead, etc. are most
certainly _not_ in the public doman, and cannot be used without permission.


>
> Songs in the public domain - not even sure if there's such a thing, but
> think about Shakespeare's sonnets or plays - I don't think anyone can
> claim copyright privileges to them, so they must be in the public
> domain, and therefore can be used/reproduced without any permission
> (but don't quote me on that.) So due to age and the lack of family
> relations, things can fall into the public domain.

Things become public domain in one of two ways:

1. They are dedicated to the public domain, either intentionally or
inadvertently (as was frequently the case when, pre-1978, published works
lost protection if they didn't comply with the copyright notice fixation
requirements).

2. The copyright registration/protection period has expired. The term of
copyright, as well as renewal provisions, have changed a number of times in
the last 100 years, so there's no easy way to tell whether a work created
after the first quarter of the 20th century is protected by copyright or
not.

 

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