Re: [Harp-L] RE: public domain / ASCAP lawsuits

[Philharpn@xxxxxxx]

In general, songs published before 1923 are in the public domain.   Best 
bet is a copy of the sheet music showing the 1923 or earlier copyright date so 
you can prove its copyright date. Otherwise, chances are the songs are 
still under copyright protection -- unless the owner forget to renew them along 
the line. Some songs started out as instrumental and then lyrics were added 
-- after 1923. So you can use the instrumental -- but not the lyrics.

Some songs are simply reworked versions of classical music compositions, 
others use old melodies like Londonderry Aire for Danny Boy or the melody of 
the Civil War hit Aura Lee recast as the alma mater of West Pointe and melody 
of Love Me Tender from Elvis. These are generally safe. 

You have to be careful with so-called traditional songs. "Walk Right In" 
was a big hit for the Rooftop Singers in the folk era -- and then the group 
was sued because the song was written by Gus Cannon and recorded by Cannon's 
Jug Stompers in 1929.   Cannon collected the royalties for the hit and got a 
contract with Stax records, it says here.
Hope this clears up a bit of the cloudy issue.
Phil
Always consult with a lawyer first to be sure. Or Harry Fox.






In a message dated 7/23/10 5:48:37 PM, havaball@xxxxxxx writes:


> As performers, there is no need to worry about covers vs. originals
> at gigs.  BMI and/or ASCAP deal with the club owners, not with the
> musicians. Even if the club refuses to pay, it's not on us as
> musicians -- it's between the club and the performance rights
> organization(s.)
> 
> As recording artists, however, things become more complex. The record
> company is obligated to obtain compulsory licenses for all
> non-original songs, and must pay royalties of 9.1 cents per song, per
> unit sold.  If you have a contract -- i.e. if you are signed to a
> label -- then it's not your worry; it's up to the record label to pay
> these royalties. However, if YOU are the "record company," then you
> have to pay the royalties, or face possible lawsuits for copyright
> infringement.
> 
> In the old days it was possible to sort-of fly under the radar if you
> were doing a tiny pressing, but nowadays, with everything
> computerized, publishing houses routinely search for cases of a song
> being recorded without a license, and they don't hesitate to pursue
> copyright infringement claims.
> 
> The easiest way to take care of all this is to prepay online for (X)
> units, via the Harry Fox Agency.  http://www.songfile.com
> They also have a search engine where you can look up any song by
> title, and see who wrote it and who published it. (BMI and ASCAP also
> have searchable data bases.) If you are in doubt as to whether an old
> song is in the Public Domain, I suggest searching there for the song,
> then looking closely at all the recorded versions. If somebody has
> recorded it as "traditional/arr by (themselves,)"  that's usually a
> pretty good indicator that the piece has fallen into the Public
> Domain, and therefore can be recorded royalty-free.
> 
> Please keep in mind however, I am not an attorney. I only play one on TV.  
> :)
> 
> cheers,
> Tom Ball
> http://www.tomball.us
> 
>