Hiya folks, I am more than half way through a novel I have been putting together for the past few years or so.It is historical fiction and the main character goes about fiddling and singing in Victorian Ireland,to put it simply.He sings a number of old songs including a few Burns compositions.Can anyone hazard a guess if I include the lyrics in the text will I need to seek anyones permission for the Burns songs or the other trad ones? Any advice appreciated before I publish later in the year.
You could probably find that out by going to a library and looking at a recently published collection of Burn's lyrics and seeing if there's a copywrite credit attached to them.
I would have thought that there was no way Burns could still have a copyright attached to his work, it being so many years after his death. But then, publishing law sometimes seems to be " a law unto itself ". Boom, boom.
if burns and all your lyric writers have been dead for over 75 years, then the work is now non-cop and you are ok to publish.
its up to you to establish if the lyrics are actually out of copyright.
i think you are in n. ireland(?)
if so you are under the juristiction of PRS/MCPS.i suggest you ring them for advice- they should be able to tell you the copyright status
of the works you are citing./quoting.
here we go again........
Cos, when you finish your book, you will have to go through some *real* legalize manure of one sort or another; your publisher will advise you on what is required nearer the time.
from a legal/copyright perspective, what people tell you on this board is totally worthless.
nevertheless.... i reiterate.....the prs will be able to tell you if certain lyrics are considered copyright or not.
if the lyrics are copyright, they will be able to give you the name of the publisher, and you can take it from there....
The 1988 Copyright, Designs and Patents Act states the duration as;
1. For literary, dramatic, musical or artistic works
70 years from the end of the calendar year in which the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
2. Sound Recordings and broadcasts
50 years from the end of the calendar year in which the work was created, or,
if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
3. Films
70 years from the end of the calendar year in which the last principal director, author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
4. Typographical arrangement of published editions
25 years from the end of the calendar year in which the work was first published.
5. Broadcasts and cable programmes
50 years from the end of the calendar year in which the broadcast was made.
________________________
I think you're pretty well covered and good luck with the book, Michael.
Copyright of old ballads?
Copyright of old ballads?
Hiya folks, I am more than half way through a novel I have been putting together for the past few years or so.It is historical fiction and the main character goes about fiddling and singing in Victorian Ireland,to put it simply.He sings a number of old songs including a few Burns compositions.Can anyone hazard a guess if I include the lyrics in the text will I need to seek anyones permission for the Burns songs or the other trad ones? Any advice appreciated before I publish later in the year.
# Posted on February 23rd 2009 by cos
Re: Copyright of old ballads?
Shouldn't your publisher know about that?
# Posted on February 23rd 2009 by Bob himself
Re: Copyright of old ballads?
You could probably find that out by going to a library and looking at a recently published collection of Burn's lyrics and seeing if there's a copywrite credit attached to them.
# Posted on February 23rd 2009 by JTC111
Re: Copyright of old ballads?
I would have thought that there was no way Burns could still have a copyright attached to his work, it being so many years after his death. But then, publishing law sometimes seems to be " a law unto itself ". Boom, boom.
# Posted on February 23rd 2009 by Guernsey Pete
Re: Copyright of old ballads?
I, for one, would be interested to know what you learn about this, cos.
# Posted on February 23rd 2009 by Bob himself
Re: Copyright of old ballads?
i think it works like this-but i'm no expert.....
if burns and all your lyric writers have been dead for over 75 years, then the work is now non-cop and you are ok to publish.
its up to you to establish if the lyrics are actually out of copyright.
i think you are in n. ireland(?)
if so you are under the juristiction of PRS/MCPS.i suggest you ring them for advice- they should be able to tell you the copyright status
of the works you are citing./quoting.
good luck
# Posted on February 24th 2009 by rumpole
Re: Copyright of old ballads?
Help from the PRS? That's like Dracula donating blood!
# Posted on February 24th 2009 by Ebor_fiddler
Re: Copyright of old ballads?
Cos ,there is also some dissagreement if Burns wrote everything he said he did.
# Posted on February 24th 2009 by bazouki dave
Re: Copyright of old ballads?
here we go again........
Cos, when you finish your book, you will have to go through some *real* legalize manure of one sort or another; your publisher will advise you on what is required nearer the time.
from a legal/copyright perspective, what people tell you on this board is totally worthless.
nevertheless.... i reiterate.....the prs will be able to tell you if certain lyrics are considered copyright or not.
if the lyrics are copyright, they will be able to give you the name of the publisher, and you can take it from there....
good luck again..
# Posted on February 24th 2009 by rumpole
Re: Copyright of old ballads?
Many thanks to all !
# Posted on February 24th 2009 by cos
Re: Copyright of old ballads?
Extracted from the UK Copyright Service's factsheet - P-01: UK Copyright Law - http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law.
Duration of copyright
The 1988 Copyright, Designs and Patents Act states the duration as;
1. For literary, dramatic, musical or artistic works
70 years from the end of the calendar year in which the last remaining author of the work dies.
If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
2. Sound Recordings and broadcasts
50 years from the end of the calendar year in which the work was created, or,
if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
3. Films
70 years from the end of the calendar year in which the last principal director, author or composer dies.
If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
4. Typographical arrangement of published editions
25 years from the end of the calendar year in which the work was first published.
5. Broadcasts and cable programmes
50 years from the end of the calendar year in which the broadcast was made.
________________________
I think you're pretty well covered and good luck with the book, Michael.
# Posted on February 24th 2009 by MacCruiskeen