Are words and music separate?

Subject: Are words and music separate?
From: Legal Eagle
Date: 19 Jun 99 - 02:57 AM

A US lawyer Michael Sukin is lobbying for Europe and England to treat songs as joint works between composer and lyricist, rather than words (literary work, for copyright) and music (musical work, for copyright). This effectively extends the duration of copyright in BOTH words and music to 70 years after the death of the last to die of the lyricist and the composer(much to the benefit of the current owners, Warner Chappell, of the rights of the late Gershwin brothers) but would surely create problems if words are given new tunes or vice versa, particularly since in England the permission of both joint owners of copyright is necessary, unlike the USA where the permission of only one will suffice.

Thoughts?

Subject: RE: Are words and music separate?
From: Chet W.
Date: 19 Jun 99 - 04:48 PM

I often write new music for old songs, which I register as "arrangements" under copyright. Likewise when I write new words, usually for tunes that never had them, I register only the lyrics. I don't think I need anybody's permission for that in the US. I never replace another lyricist's whole lyric, but I often change a word or two here and there to suit my singing, but I never try to register that, obviously. What if I write new lyrics to a tune by a composer who has already been dead for 70 years? Could I register copyright for the whole song?

Chet W.

Subject: RE: Are words and music separate?
From: dick greenhaus
Date: 20 Jun 99 - 10:05 AM

Why not? Everybody's doing it now, anyway. (Did you know that Oscar Brand wrote Yankee Doodle?)

Subject: RE: Are words and music separate?
From: Richard Bridge
Date: 21 Jun 99 - 02:01 PM

Chet, I think your practice is right as the law currently stands. I was hoping to see what people thought of the suggestion that the words and music should be considered a joint work. I think it creates complications.

Under English law if you arrange a public domain tune then you are still only the author of the arrangement and you cannot prevent anyone using the unadapted tune.

But if you are quick off the mark you can register yourself at the PRS so that you get 12/12ths of the performing revenues.