John Reilly/Munnelly/Kennedy

Look, distinguish the copyright in the music ("musical work" under the CDPA 1988)and words ("literary work" under the CDPA 1988), on the one hand, from the copyright in the sound recording ("sound recording" under the act). Much the same under the UK 1956 Act. Not very different under the Irish 1963 Act. The Irish law was updated in 2000 and is something like the UK 1988 Act now

Assuming Munnelly made the recordings (or rather in the words of the acts, "made the arrangements for the making of the recordings" he would have been the owner of the copyright in the recordings.

In all likelihood the copyright in the songs and the words would have expired and it would be an interesting discussion whether Reilly's input to the way the words and tune were were enough to amount to an "arrangment" (which could have a copyright). I reckon not.

So the only copyright of relevance was that in the recording. It belonged to Munnelly until he assigned it, and if he didn't assign it it belonged to his personal representatives, until they assigned it - or the copyright expired which would have been 50 years from the date of making therefore won't be until 2019.

So (if the above facts are all correct) Kennedy may have been infringing the copyright in the sound recording for years - but the limitation period for copyright is 6 years so if the rightful owner of copyright in the sound recording wants to sue he'll only get a sum equivalent to a ryalty for the last 6 years and a possible injunction.


There are special provisions permitting some uses of recordings of folk songs deposited in designated archives - I don't know if these are in play.