Lyrics and music - separate copyrights?

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Amelia.pd
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Lyrics and music - separate copyrights?

Post by Amelia.pd »

Can music by a public domain composer be used if the lyrics, which hold a copyright, are removed?
Carolus
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Re: Lyrics and music - separate copyrights?

Post by Carolus »

Yes, as long as the public domain original has not been altered in any meaningful way for the addition of the words.
Lyle Neff
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Re: Lyrics and music - separate copyrights?

Post by Lyle Neff »

Would that apply even if the new text is a translation (not merely a contrafactum) of a copyrighted original text?
"A libretto, a libretto, my kingdom for a libretto!" -- Cesar Cui (letter to Stasov, Feb. 20, 1877)
Carolus
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Re: Lyrics and music - separate copyrights?

Post by Carolus »

A translation is a derivative work, or adaptation, or the original. If the original text is under copyright, the translation is still restricted. There are cases under US law where a derivative work was not renewed or otherwise fell into public domain while the original work remained under copyright. Such derivative works have fallen into the 'orphan works' category, a type of limbo where they might technically be public domain but are unavailable for free use - requiring permission from the owner of the original work's still valid copyright. So, you would have to remove both the original text and the translation in order to reproduce the public domain music in such a case.
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