Mike's Oud Forums

Copyright question

arsene - 6-9-2007 at 04:13 AM

Hi all,

Suppose I wanted to record a CD with some traditional songs for Ud. Am I correct in saying that traditionals are public domain and everyone is free to do whatever they please to and with the songs?

Jason - 6-9-2007 at 08:47 AM

Generally, there are no copyrights on traditional or folk tunes

Marina - 6-9-2007 at 11:57 AM

But!
If you use a recording of living performer of that folk stuff, he can su you for violating his arangements & performance rights. It's tricky.
If you play the song by yourself just than it's OK, or if you get a permission from the recording company who published this particular folk song recording.

eliot - 6-9-2007 at 12:40 PM

You probably need to have (or should have) proof that it is registered as anonymous/traditional somewhere. Absence of your knowledge of an author, for example, may not be sufficient. This proof could come through previous recordings that attest to the song being traditional (though they may be wrong in the matter). In Turkey, there is a growing catalogue of known traditional (non-authored) works that is held by MESAM - if you release a CD in Turkey, you need to match up your works to entries in their catalogue, or add an entry for a new traditional work.

There are plenty of people who think that "Miserlou" is a traditional work, for example (out of a lack of researching the matter), though it is clearly authored and also probably under copyright.

arsene - 6-10-2007 at 11:54 AM

I see. So if I make sure the work(s) I am going to record are 100% public domain, and make my own, new arrangements I should be in the clear, right?

Marina, do you know perhaps if Ladino songs such as "avre tu puerta serrada" , "Adio kerida", "morenika" etc etc etc are traditional?