How do i find out if a song is still in copyright?

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Rigsby
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How do i find out if a song is still in copyright?

Post by Rigsby » Mon Nov 07, 2005 1:59 am

I found this old recording of me as a five year old singing 'my ship sailed from china' and i was considering using it somewhere on my record, how do i find out if it's still under copyright? I have no idea where this song came from, just that i really loved it as a kid, maybe someone here knows about it or can tell me where i find out about these things? I'm in the UK if that makes a difference, which is some cases concerning copyright, it does.

Thanks!
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earl parameter
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Post by earl parameter » Mon Nov 07, 2005 4:32 am

maybe something like this: http://www.copyright.gov/records/cohm.html

but it didn't turn anything up for me under that title. is the title maybe a little different. like "MY SHIP WILL SAIL" or something.

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Mark Alan Miller
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Post by Mark Alan Miller » Mon Nov 07, 2005 5:26 am

If it's a cover version, all you need to do is contact the publisher to set up statuatory royalty payments. Start with the Harry Fox Agency (www.harryfox.com), and a search of the 3 major publishing rights organisations (BMI, ASCAP & SESAC). at least in the USA. I'm sure there are similar resources in the UK...
Worst case, you'll have to find out the publisher and contact them yourself, setting up a (hopefully no more than quarterly) accounting and/or payment schedule for said royalties. In the US at least, it's not a matter of getting approval, but your right to release a cover version as long as you've contacted the publisher with intent to account and pay, and as long as you follow through, it's all legal. (That's kinda a simplified explaination, but it illustrates.)
Sometimes hiring a lawyer can be a help in stuff like this...
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Post by Stephen B. » Mon Nov 07, 2005 5:42 am

I work in a music library, so I looked it up for you. I'm not sure if it's still under copyright or if it's public domain, but here's what I found. The actual title is "The Chinese Fan" and it can be found in the following songbook:

Roos, Ann and Alicen White. Brownie's Own Songbook. New York: Roos & Coe-White Associates, 1968.
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jrsgodfrey
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Post by jrsgodfrey » Mon Nov 07, 2005 6:57 am

I'll also add that looking it up at Harry Fox can be helpful. And you can license it right there.

http://www.harryfox.com/index.jsp

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Post by Rigsby » Mon Nov 07, 2005 11:53 pm

Thanks guys.
Stephen B. wrote:I work in a music library, so I looked it up for you. I'm not sure if it's still under copyright or if it's public domain, but here's what I found. The actual title is "The Chinese Fan" and it can be found in the following songbook:

Roos, Ann and Alicen White. Brownie's Own Songbook. New York: Roos & Coe-White Associates, 1968.
Stephen, you are fantastic, thanks so much. :D
The large print giveth, and the small print taketh away.

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bobbydj
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Post by bobbydj » Tue Nov 08, 2005 1:22 am

Haha - rigsby used to go to Brownies. Hahaha!!

I hope you got your ironing badge rigsby.
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Rigsby
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Post by Rigsby » Tue Nov 08, 2005 2:09 am

:lol:
The large print giveth, and the small print taketh away.

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Post by Professor » Tue Nov 08, 2005 11:43 am

Well, if that songbook was published in 1968 then even if the song is "traditional" or otherwise in the public domain then the arrangement would still be covered under copyright. Of course, the publisher also happens to be the authors, so it's quite possible the 'publishing house' no longer exists. If you can't contact them directly, try the Harry Fox Agency, and if they don't cover it, you're probably alright. Just keep some record of your attempts to copy a potentially defunct publisher. Oh, you can also contact the Secretary of State of New York to find the current or last known registered agent for "Roos and Coe-White Assoc." to see if they're still an active business and when they may have ceased to be one.

And if you do have to pay a royalty, we're talking about $0.07 per track (and there's only one) per disc. Even at 1000 discs, you could probably throw them $70 just to be done with it, or set it aside as the "to be paid to publisher" fund and keep track of the effort.

-Jeremy

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