The Mudcat Café TM
Thread #96615 Message #1904344
Posted By: Declan
09-Dec-06 - 06:15 AM
Thread Name: Review: Folk Awards - Mike Harding
Subject: RE: Review: Folk Awards - Mike Harding
The English language word traditional in English comes from a Latin root which means handed down. Lawyers and folklorists can choose to put their own interpretation on the word, and as long as people agree the definition within the context of their discussions that is fine. It would seem to me that by a normal definition of the word that any song which is handed down through even one generation can be regarded as traditional in the wider sense of the word.
I would doubt if JC's original 'legal fact' is fully correct, in that if I, for example, was to record a piece learned from,say a recording by someone who had correctly declared it to be trad, then the only legal attribution I could make would be trad (or trad arr. the source if I played it identically, ot trad arr. me if not). Of course it goes without saying that we should all acknowledge our sources and ensure they get whatever royalties are due to them.
This has little to do with the main topic under discussion, but I don't think the definition of the word traditional is as written in stone as some contributors here would suggest.
On the topic of the awards, I don't think that Smooth Ops. should necessarily be bound to a strictly legal definition of the term tradtional, but (with hindsight) it would have been a good idea for them to define the term traditional as they meant it within the context of the award, and they should now do so for future years.
From what I have read here and elsewhere I would think that Seth had nothing but honorable motivation in chosing a trad attribution, if in fact it was him, and not the record company who did so. He was attempting to acknowledge that the song was not fully his own original work. Apart from the apparent error of the nomination (which was made by others), he had nothing to gain from 'claiming' the song was trad. From the point of view of royalties, he stood to lose money by not claiming the work as his own, which I think he would have been legally entitled to do. ALthough if he had done so there would without doubt have been people on this and other internet boards saying that Seth had wrongfully claimed the work because it was based on such and such a tune, or on a Cornish legend or whatever.