This is an interesting debate. I'm of the (personal opinion) that the 'rules' for tunes, such as they are, are slightly different to the rules for songs.

There's no legal difference, but it seems to me that good new trad-style tunes tend to get taken up more quickly than songs, and therefore become more 'trad-ish-ional' more quickly. (This may be to do with the way sessions work, as opposed to singarounds - and the much smaller number of new tunes to new songs).

Dusty Windowsills, Ashokan Farewell and Spooter Skerry are good examples of new tunes, still firmly in copyright, that you'll hear a few times in one day at a festival session along with Foxhunters, Blackthorn, Gravel Walk etc (and these are not so very old either). And I doubt the composers see a penny for those 'performances.'

But I think tune writers (myself included, not that you'll hear many of mine in sessions, sadly) seem to be more relaxed about launching their work out into the world than songwriters - though I did have to get a licence to record Leaving Lochboisedale and The Stronsay Waltz from the _estates_ of Wlison and Chalmers (they themselves might have been more relaxed if they were still alive, who knows).

I do register my tunes because I want the pennies I can get from my own concert and radio plays, but I hope that won't stop people playing my stuff at sessions.

Furthermore, I wouldn't want a penny from PRS for use of my tunes in sessions - because I wish tune sessions (and possibly singarounds, though that's trickier to call) could be exempt form licence. The problem is, however, that there IS nowhere to draw a line, so you either have a licence regime for everything, or no copyright legislation at all.

I've agitated with PRS to have a 'mainly trad' exemption for folk gatherings, but for now they won't have it - because, as I accept, there is no safe place to draw a line.

One thing I'd like to stress again for the umpteenth time - because I've read posts recently which show there is still confusion on this - that no-one can copyright a work once it's moved into public ownership - ever. They can only copyright their unique arrangement of that work - which effectively means only their own performances of that work. The work itself remains free for anyone to use or arrange (and register if they choose) as they like. Incidentally you don't need permission to record a copyright work either - you just have to inform the copyright holder (via MCPS, in the UK) and pay the licence, unless the own waives that licence. They can't stop you if you follow due process - even if you change the work considerably. Only if you change is so much it's no longer recognisable as the original work (lawyers' call) can you avoid the licence, and, if you wish, register the new work in your copyright. (THINK this is correct - read it all again the other day somewhere - correct me if I'm wrong someone).

Yesterday I was putting my new album up on CD Baby and filling in the tune codes as required, using my PRS database as reference.

I was shocked to see four entries for Lochboisdale and six for Stronsay Waltz which claimed arrangements of those two tunes - which I know are both still in copyright. Now, maybe the copyright holders have approved those registrations, but I suspect not. And in time no doubt the lawyers will twig and move in for the kill.

It just stresses again the importance of promoting a culture in the folk world where writers are routinely acknowledged - even once the work is in fact in public ownership - so mistakes like that are less likely, and the creative engine behind this great art-form is is better appreciated.

Tom