In my next book, a biography set in the 1910s, I’d like to open each chapter with a few lines from a popular song of the era. Some of them famous, like “Alexander’s Ragtime Band” and “Everybody’s Doing It,” and some long-forgotten, like “I’d Feel At Home if They Let Me Join the Army” and “Good-Byeee.”
I e-mailed ASCAP, as they are famous for suing people, and I want to do this all open and above-board. If they say “no,” or charge me huge fees, I’ll just drop the song chapter-openings, screw it. I’d also like some help from ASCAP in tracking down the years, writers and publishers of the songs so I can give them credit.
Of course, ASCAP has been no help whatsoever. They finally got back to me and told me to click on a link which doesn’t work and implied it was up to me to find out who wrote “I’d Feel At Home if They Let Me Join the Army” and when it was published (I thought this stuff would be on record somewhere?).
Does anyone here know anything about song copyright laws, and/or ASCAP?
ASCAP isn’t the right place to go for something like that; that’s why they haven’t been helpful. They collect royalties for sound recordings only (like radio airplay and compilation albums). Governor Quinn is correct in saying that most of those songs should be out of copyright. If you want to make sure, visit the U.S. Copyright Office. If they are out of Copyright, you should be good to go.
Since all pre-1923 song lyrics are in the public domain, I’ve been trying to come up with any exceptions that would justify DooWahDiddy’s saying “most of those songs should be out of copyright.” I can’t think of one, though.
If you stick to songs that were in existence in the 1910s and use the exact lyrics of the time - to forestall any subsequent copyright because of changes to the original - you should be fine. The Copyright Office database really should be a help. You can have them do searches of up to ten items at a time, but they charge $75 per hour or fraction.
I’ll bet the New York Public Library would be cheaper and faster for this info. I’ve heard that their performing arts collection was top-notch.
Contact me off the board. I have a good friend at ASCAP who can help you with old song authorship questions. I just did him a favor so he owes me one.
As has been said, anything before 1923 should be free and clear. Alexander’s Ragtime Band is noteworthy, in particular, because it was a rare instance in which a megahit slipped into the public domain during the lifetime of the songwriter, Irving Berlin, who lived to be 101 years old. Irving, who had a well-known reputation for squeezing nickels until they were as thin as dimes, was probably none to pleased by this turn of events.
As noted by Cecil some years ago, there is one exception to this, the Hill Sisters’ “Happy Birthday to You,” which actually is (or at least was at the time Cecil wrote) still under copyright by a special private act.
I think this is incorrect. I did a fast search of Cecil’s columns. He said that Happy Birthday was granted a 1935 copyright date. He also said that the copyright law that would have put HB in PD was changed; HB will go PD in 2011 (IIRC) with the new law.
I am pretty sure the extension was an across-the-board measure for all works of that period, not just for HB and only HB.
You are correct, sir. Trying to figure out why I had a memory of a late 19th Century date of composition for this, I checked out Snopes. As it turns out, the eminently forgettable “Good Morning to All,” written to pretty much the same tune by the Hill sisters, was what was composed back then, and they secured the copyright to “Happy Birthday to You,” on somewhat questionable grounds, in 1935 as you and Cecil said.
I’m surprised that ASCAP hasn’t helped you. I wrote a book that quoted the lyrics to “Joltin’ Joe DiMaggio” and contacted ASCAP about the rights. They asked me to send them a letter which they would forward to the copyright owner. I sent the letter and received a reply from the estate of the original songwriter within a couple of months.