Q: If a song is in the public domain, and someone writes a song with some of the same melody, can I still play the song?
A: It's not clear which song you intend on playing, where and how. The song in the public domain may be able to be used, but the person who wrote the new song has copyright protection in their song.
Barbara Berschler agrees with this answer
A: I would really be careful about concluding that a song (music and lyrics) are in the public domain. If the newer song is based on the old song, now in the public domain, any of the newer portions the song writer used in their version are protected by copyright. Where are you intending to play the newer version? Best to consult local copyright counsel before you go out on a limb.
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