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Public Domain
What is the easiest way to tell if a song is in the public domain? Just got word that the local farmer's market ($200 for a 2 hour outdoor gig, and lots of fun) now requires all performers to play only their originals or public domain songs. I'm pretty sure most of the bluegrass, old time, folk and trad I do is ok, but how do I make sure short of searching the catalogs of all the PRO's?
There's BMI, ASCAP and SESAC to deal with. I'm not posting this thread to debate the tactics of the PRO's, copywrite law or how songwriters get paid (or dont). I've done that plenty on other threads. I will comply with the wishes of the people paying me $100/hr to play at one of my favorite venues. Just looking for an efficient way to do that - hoping I don't have to search through the entire catalogs of BMI, ASCAP and SESAC. Thanks! Last edited by Mandobart; 02-21-2018 at 04:22 PM. |
#2
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Je n'avais pas besoin de cette hypothèse-là. |
#3
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Not having a registered copyright doesn't mean a song is in the public domain.
=Bob= |
#4
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If was first published before 1923, it's Public Domain in the US. Next year we finally get new "for sure it's PD" material from 1923.
Given how much PD and folk material was reused and copyrighted as original material over the years, there might be a huge grey area there, but I don't know how the rights organizations might handle that. If someone in 1940 wanted to record or issue sheet music claiming they wrote "Pretty Polly" or "Goin' Where the Southern Cross the Dog" the performance rights organizations might claim that it's "their" song. I have never heard of that happening in a situation similar to yours, and I don't know if it's a likely issue. "We Shall Overcome" and "Happy Birthday" are two well known songs where this grey area has been part of recent US court decisions. In both cases the copyright owners gave up their copyrights based on evidence that they used PD material in the songs they felt they had the rights too. I used to do the opposite. For example, whenever I'd play "Girl from the North Country" as an instrumental I'd say it was a traditional tune based on "Scarborough Fair"--which it is. But I've always played mostly original stuff when playing out. I despair often with my project for the past couple of years which involves written words combined with music. There's no searchable database for written work, and a great deal of published written work post 1923 has fallen out of copyright in the US because the copyright was not renewed, but there is NO searchable database for that. The only way you can tell is to pay someone at the copyright office (by the hour) to search through paper records. At least with ASCAP et al you have a searchable database of some worth, and with physical recordings (different for live) a fairly easy way to obtain a mechanical license to put it on a CD.
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----------------------------------- Creator of The Parlando Project Guitars: 20th Century Seagull S6-12, S6 Folk, Seagull M6; '00 Guild JF30-12, '01 Martin 00-15, '16 Martin 000-17, '07 Parkwood PW510, Epiphone Biscuit resonator, Merlin Dulcimer, and various electric guitars, basses.... |
#5
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Quote:
(Yes, I know there's an "is in copyright" from 1978 onwards, but that's not really helpful) Just so my tone is clear: this is absolutely not sarcasm. I so wish it were so.
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----------------------------------- Creator of The Parlando Project Guitars: 20th Century Seagull S6-12, S6 Folk, Seagull M6; '00 Guild JF30-12, '01 Martin 00-15, '16 Martin 000-17, '07 Parkwood PW510, Epiphone Biscuit resonator, Merlin Dulcimer, and various electric guitars, basses.... Last edited by FrankHudson; 02-21-2018 at 05:07 PM. Reason: added that there is a "in copyright" after '78 database which will be great in around 50 years |
#6
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Avoiding Royalties
The venue is only trying to avoid paying licensing fees. If the restriction is in the contract I would not play a venue like that. It is just too much work for the risk. If there is no contract then it is the venue that is on the hook not the performer. ASCAP and the others are too big a gorilla to mess with.
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"My opinion is worth every penny you paid for it." "If you try to play like someone else, Who will play like you". Quote from Johnny Gimble The only musician I have to impress today is the musician I was yesterday. No tubes, No capos, No Problems. |
#7
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This is a good start...http://publicdomain4u.com/public-domain-genres/pop
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#8
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The people organizing the Farmers Market should contact BMI/ASCAP and inquire on the fees. How are they going to police what's played? If you (or another performer) "accidentally" plays a licensed song, and the 'goons' are listening, then the trouble starts.
What would happen if your originals were registered with BMI (like mine are)?
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Mike My music: https://mikebirchmusic.bandcamp.com 2020 Taylor 324ceBE 2017 Taylor 114ce-N 2012 Taylor 310ce 2011 Fender CD140SCE Ibanez 12 string a/e 73(?) Epiphone 6830E 6 string 72 Fender Telecaster Epiphone Dot Studio Epiphone LP Jr Chinese Strat clone Kala baritone ukulele Seagull 'Merlin' Washburn Mandolin Luna 'tatoo' a/e ukulele antique banjolin Squire J bass |
#9
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Maybe I'm looking at this too simplistically.
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Original music here: Spotify Artist Page |
#10
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The next biggest issue would seem to be as the OP stated, how to find out what material is PD jpd offered one link here is another https://www.pdinfo.com/public-domain-music-list.php
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 |
#11
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See what happens when you don't have originals? In the words of Ferris (my hero), "I would highly recommend you obtaining some."
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Je n'avais pas besoin de cette hypothèse-là. |
#12
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Google specific songs you are playing and see if they are public domain.
Weeding through a huge list of public domain songs is working at it a little backwards (IMO of course). Just look up the ones you play. |
#13
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Ever tried that suggestion ?
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 |
#14
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As in, did I ever just look up the specific songs as opposed to referring to long lists?
Yup. For four different projects I recorded, produced, and sold. It worked well for me. |
#15
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But no actual info on the original or if it is in PD I also Googled " Is the song Days of 49 in the public domain " which went nowhere also ? Now according to one book I have it is listed as Traditional which I assume means public domain but did not get any such reference by gooling the words I used .
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Enjoy the Journey.... Kev... KevWind at Soundcloud KevWind at YouYube https://www.youtube.com/playlist?lis...EZxkPKyieOTgRD System : Studio system Avid Carbon interface , PT Ultimate 2023.12 -Mid 2020 iMac 27" 3.8GHz 8-core i7 10th Gen ,, Ventura 13.2.1 Mobile MBP M1 Pro , PT Ultimate 2023.12 Sonoma 14.4 |