Can I use an old song in an original?

Question

I'm planning on using a song that's over 200 years old and modifying it to make into an original of mine, can I do that? I don't know if it has a copyright on it because it is so old, so could I make the song and have a 'thanks' bit to the dead artist?

Answer 1

You would need to check with the US Copyright Office (assuming you live in the states) and see if anyone owns the copyright, and then take it from there. There are steps you have to take before just recording or modifying a song no matter old it is. Just because the original artist or copyright owner may be dead doesn't mean someone else doesn't own it. Cover your behind so you don't wind up getting sued.

Answer 2

copyright is for works of original authorship. once a work passes into the public domain, it has no further rights.

only the orginal author can claim a copyright. it is not "up for grabs" after he/she dies. derivative works are not allowed, an arrangement of a song falls under the rights of the original author. there is no copyright for "arrangements".

however you can add new lyrics to an old song. this does not give you a copyright to the melody, just the lyrics.

in some cases an artist can so modify an old song that it would be considered a new composition on its own merit. for example "variations on a theme of paganini" is considered a work of rachmaninov for rights purposes, not paganini.

if you can whistle your "new" tune and someone could recognize it as the old standby, then it would not qualify for a copyright. Modifying or arrangement of old tunes in public domain is certainly ok, whether credit is given or not, but you cannot claim it to be an "original".

Answer 3

An original song must have less than 6 full measures of the song you have chosen to use

Answer 4

If it's public domain you can.

Answer 5

No.