How do I find out who owns the rights to a very old song?

Malden_Capell · May 16, 2012, 9:08am

Specifically ‘Over the Hills and Far Away’ (of Sharpe fame) which was actually written in 1706.

I’ve spent the morning Googling for the existing rights but not found any definite leads. I’m guessing that the copyright on the song has expired?

Reason is I’m hoping to use it at my wedding in September, but they can’t play copyrighted songs…

astro · May 16, 2012, 9:42am

I does not appear there is an issue. You are way past any conceivable copyright protection for that song.
How Long Does Copyright Protection Last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics

md2000 · May 16, 2012, 4:06pm

Very little from the 1800’s is still copyright. It would require a very long-lived author who wrote the material when very young. I’m going out on a limb and say NOTHING from the 1700’s is copyright. (Let’s say he wrote it at age 20, in 1899, and ded at 91, so that would be 1970. IIRC, plus 50 years, copyright until 2020. )

Some specific new arrangements of a song, or revised lyrics, might be copyright - but the original words or melody is not.

Acsenray · May 16, 2012, 4:16pm

The composition itself is in the public domain, but any particular recording of a performance of the work is likely to be owned by someone.