The Mudcat Café TM
Thread #39868   Message #4164308
Posted By: Joe Offer
03-Feb-23 - 02:06 PM
Thread Name: Help: Public Domain question
Subject: RE: Help: Public Domain question
A number of Mudcatters have done copyright permissions work, so we are a pretty good place to check first. We CAN give advice, but as Stilly River Sage says, we are not an official source. Here are the US guidelines for Public Domain. If you live in another country, Your Results May Vary: https://www.copyright.gov/help/faq/faq-duration.html

Wikipedia has a pretty good article on copyright: https://en.wikipedia.org/wiki/Copyright A quote:

It used to be pretty easy from 1998 to 2018 - if it was published before 1923, it was pretty clear you didn't have to pay royalties and license a song. Now things change every year, and we get another year of publications added to the Public Domain. It's complicated, so it's best to ask a professional if you're in doubt. But we can give you pretty good preliminary advice here.

I did the copyright clearances for the 1200 songs in the Rise Again Songbook. I gathered documented evidence about the earliest publication date of every one of those songs - and then our publisher, Hal Leonard made the final decision based on the information I submitted. It was hard work, but I enjoyed it. And basically, the rule on public domain is this: you have to satisfy your publisher. We had several songs in Rise Again that were clearly published before the 1923 cutoff date, but we still had to pay royalties and get a license because there was a copyright claim by a particularly litigious party. Almost all Carter Family songs should be in the public domain, but Ralph Peer's company is still clinging to its claim on most of those songs. Same with "Big Rock Candy Mountain" and other hobo songs recorded by Harry McClintock. And we had to pay rights for "I'm Henry the VIII," even though it was a music hall song published long before 1923 - it had never been published in the USA, so the US clock started when the Herman's Hermits recording was released in 1966.