The Mudcat Café TM
Thread #96615 Message #1903741
Posted By: GUEST,JC
08-Dec-06 - 03:20 PM
Thread Name: Review: Folk Awards - Mike Harding
Subject: RE: Review: Folk Awards - Mike Harding
PLEASE will people understand that if you put Traditional after a work it means you found it, and you found it in a place where all works are out of copyright, (in common ownership), and ALSO that it achieved that found state by aural/oral transmission ONLY, over many generations.
This is not an opinion, it's a legal fact.
Traditional works are by definition in the public domain, and must remain so.
You may write 'in a traditional style', or even - if you are pompous enough - 'in the tradition' but you cannot create a traditional song. Songs do continue to evolve and be passed around, and even may be used in traditional ways, or become associated with a traditional activity - but they cannot become traditional until 70 years after the writer's death, and only then if they have entered the public consiousness, and are themselves being passed on by purely oral means - something staggeringly unlikely in these days of easy recording technology.
Seth has published the White Hare, correctly, now, after claiming complete ownership on one CD, as Author; Seth Lakeman / Music; Trad, Arr Seth Lakeman.
Actually PRS looked at their list and saw there was already a public domain tune called The White Hare on it, so gave the music credit as Trad. But this tune is nothing like the melody of Seth's song - which, he says, is based on hum he heard, once, as a child - not on the White Hare registered with PRS.
Why does this matter?
Because if the panel had listened to the song, (which one assumes they must have to have nominated it) and if they are really experts as Leonard claims, they would NEVER have nominated it as a traditional song.