[Dixielandjazz] Publishing Songs in Public Domain

[Steve Barbone]

> Rorel at aol.com wrote:
 
> Here's how to settle this:  I will pay for anyone on list to  self-publish
> their own version of THE SHEIK OF ARABY and help you get it up  on AMAZON and
> SHEET MUSIC PLUS if in turn you let me send it to the legal  department at
> Feist 
> with your home address and phone number.  I am  sure we will find out what
> the law is pretty quickly!  (I hope you  recognize my feeble attempt at
> humor).
 
I recognize the humor. It would be like trying to publish any song in public
domain as your own. Probably can't be done for "Sheik" any more than for the
music of Wagner or Puccini, or a Gregorian Chant.

The law is plain, you can only get a copyright on; "original works of
authorship", which the Supreme Court later modified to "a modicum of
originality thus allowing for parody etc. Like those which Stan Freberg
so ably produced.

Regarding copyright renewal; the original law (1790 signed by George
Washington) covered a song for 28 years, with a renewal for another 28 years
or a maximum of 56 years of protection, IF RENEWED. That is why you may see
"copyright renewed" on some songs written before 1978 when the protection
was increased to a single period of 75 years. These days one cannot renew a
song copyright, no need, since songs are now protected for the life of the
author plus 70 years, per Sonny Bono.

When the Sonny Bono extension was signed into law in 1998 it did not affect
songs written before Jan 1, 1923 BECAUSE THEIR COPYRIGHTS HAD ALREADY
EXPIRED. ("ex posto facto" rules and 1998 minus 75 years equals 1923)

So, the fact of the matter is simple, if the song was published prior to
January 1, 1923, it is in public domain and no licensing or royalty fee is
due should you perform and/or record it.

If ASCAP, or Feist and the rest don't "know" that, and/or their attorney's
are advising them and/or you differently, then that's just one more reason
to treat those groups as scammers.

Cheers,
Steve Barbone