Dallas, TX asked in Copyright for Texas

Q: Copyright for a song

I sampled the music from a song that was originally written in 1923. It has been sampled many times since then. I have added new words to the song and changed a few bars. What do i need to do to protect my version of the song? The original composer is no longer living.

Related Topics:
1 Lawyer Answer
Mark B. Saku
Mark B. Saku
Answered
  • Intellectual Property Lawyer
  • Seattle, WA

A: Works published before the end of 1923 are most likely in the public domain - which means that you do not need permission from the original (or current) copyright owner to sample the song.

If the work was originally published outside the US, or if the song was published after 1923, different rules apply, you may still need permission from the current copyright owner (or the heirs of the original author).

It would be a good idea to have a copyright attorney investigate the specific song just to make sure the fact support a public domain claim.

DISCLAIMER: Please note that this answer is not a solicitation, does not constitute legal advice and does not create an attorney-client relationship with myself or the Law Office of Mark B. Saku PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.