[Dixielandjazz] Tunes in public domain

Scott Anthony santh at comcast.net
Wed Jan 28 15:49:53 PST 2009


At least some of the Hal Leonard "fake" books I've seen have sneaky changes 
made to tunes that allow them to assign a later copyright date than the 
original. For example, in the Irving Berlin Fakebook, the lyrics to 
"C-U-B-A" have been changed to completely eliminate any references to 
alcohol and Prohibition (which was what the tune was all about in the first 
place) and the verse and chorus keys changed. This allowed them to set the 
copyright date to something like 1990. "C-U-B-A" is from 1920 and is 
definitely in the PD. There we many other "updates" in the book like this.

I've found it helpful to go to www.redhotjazz.com to search for recordings 
of tunes to get original recording dates. Anything 1922 or earlier is PD.

Wikipedia is another good source sometimes. Just Google the tune title, and 
see what comes up. If there is a Wiki source, its pretty reliable.

Scott Anthony

----- Original Message ----- 
From: <dwlit at cpcug.org>
To: <santh at comcast.net>
Cc: <dixielandjazz at ml.islandnet.com>
Sent: Wednesday, January 28, 2009 8:29 AM
Subject: Re: [Dixielandjazz] Tunes in public domain


>A clue: The big Hal Leonard "Ultimate" fake books have the composer AND
> copyright info. Don't know what they do for PD tunes.
>
> --Sheik
>
>> I'll bet that many of you have been down this road before (especially
>> in this newsletter) and that therefore, as is always the case, there
>> are several experts out there on the matter - - - -
>> Here's my question:  "Is that a definitive place where we can find out
>> exactly which tunes are in public domain?"
>>
>> When ASCAP is contacted, they  refer the issue on to the Harry Fox
>> Agency, and they will tell you that a tune like "Alexander's Ragtime
>> Band"  is copyrighted, even though what they are talking about about is
>> some particular arrangement of the tune, recorded in the last 20 years
>> or so.
>>
>> Fox will definitely NOT give you a straight answer.  They are far too
>> busy trying to collect all the money that they can lay their hands on.
>>
>> Because of our litigious society, any Cd company to whom you send in
>> your recently recorded songs are very cautious, and will not duplicate
>> anything until you sign documents indicating who has legal property
>> rights to the tune.
>>
>> This I can understand when the tunes are in fact covered by copyright
>> laws, but I think that at least half of the tunes we have recorded are
>> easily out of copyright.  Where can I found out on my own?
>>
>> Bill Sharp
>>
>>
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