"O Holy Night" copyrights?
Joseph Tosh
Our church would like to print the lyrics to "O Holy Night" in the
program for Christmas service. Are the lyrics in the public domain or
are there copyright permissions that must be obtained? If there are
copyright considerations, who holds the copyright to "O Holy Night" and
how can they be contacted?
Jim O'Briant
I have an old (©1932, renewed 1960) collection of Christmas songs and carols,
published by Schmitt, Hall & McCreary (then a division of Belwin-Mills, which
is now controlled by Warner Brothers Music). In the foreword to the book, the
editors acknowledge "Ginn and Company, Boston" as the owner of copyright on
both the words and music to "Cantique de Noel" by Adolphe Adam (1802-1856).
The lyrics in the book are in English, not French.
Ginn and Compnay of Boston was still in business as an independent publisher
in the mid-1970's, but I have no more recent information on them.
Hope the above is helpful!
Jim O'Briant
Bayside Music Press
Gilroy, CA USA
Brian William
copyrights of the lyrics and the music itself expire fifty years after
the death of the author.
*Brian
Jim O'Briant (jobr...@garlic.com) wrote:
: Joseph Tosh wrote:
--
Brian William
Calling Out Your Name
http://www.wsu.edu/~williamb/mullins.html
David Murray (SG Fan)
Brian William <will...@unicorn.it.wsu.edu> wrote in message
753p3p$oht$1...@leopard.it.wsu.edu...
>But I'd assume that's a copyright on that particular arrangement. The
>copyrights of the lyrics and the music itself expire fifty years after
>the death of the author.
That's the law for songs written since the Copyright Law amendments in the
1970s. The former law was 75 years from date of creation, and it still
applies to anything written when it was in force. In my opinion, it was a
law that made a lot more sense than our current law.
The Celebration Hymnal published in 1997 by Word and Integrity Music lists
John Dwight (1752-1817) as the lyricist and Adolphe Adam (1803-1856) as the
composer of the most common tune used for "Oh Holy Night" (CANTIQUE DE
NOEL). This obviously wasn't a collaboration, unless Adam wrote the tune
before the age of 14.
At any rate, "Oh Holy Night" is firmly set in the public domain and may be
legally printed, recorded and distributed with reckless abandon.
David Murray /db-m...@rfci.net (to reply remove the dash)
http://www.rfci.net/dbmurray
RMC's Official Resident Southern Gospel Fan
Making hay while the sun shines.
Jim O'Briant
> But I'd assume that's a copyright on that particular arrangement.
You may be absolutely right -- that the copyright referred to in the 1922
publication was copyright on a particular arrangement. However, it's best never to
"assume" when it comes to copyright and decisions affected by copyright law.
> The copyrights of the lyrics and the music itself expire fifty years after
> the death of the author.
If only it were that simple. Different American copyrights are affected by
different sets of rules, depending upon the date of the copyright.
Copyrights in other countries are governed by the copyright laws in those countries,
and they often differ from the laws of the USA as well as from each other. As a
signatory to the Berne Convention, the USA agrees to honor foreign copyrights in
accordance with the laws of the countries involved. In Great Britain, for example,
copyright remains in effect for 75 years following the death of the compose, and I
believe (but am not positive) that the interval is the same in France.
Since "Cantique de Noel" was, I believe, first published in France, French law would
presumably govern. If the "75 years" is the situation in France, the copyright on
the original would still have been in effect in 1922, since A. Adam died in 1856.
Again, all of this is speculation without specific, documented information regarding
the date of publication and the country of first copyright, and appropriate legal
research.
TD Gibby
In article <75435n$l7c$1...@remarQ.com>, "David Murray (SG Fan)"
<dbmu...@bogus.spam.net> writes:
>That's the law for songs written since the Copyright Law amendments in the
>1970s. The former law was 75 years from date of creation, and it still
>applies to anything written when it was in force. In my opinion, it was a
>law that made a lot more sense than our current law.
That is close to correct. The 1909 Copyright Act gave an initial term of 28
years (although you had to publish it with notice, no notice no copyright). The
copyright began at the time of notice, not the time of creation. Then you could
renew it with notice for another 28 years, which was later lengthened to 47.
The initial 28 plus 47 would make 75. Since Sept. of 1992, the renewal was
automatic.
The 1978 act gives the author copyright for life+50 years. Plus, copyright is
automatic upon creation, and starts at the time of creation.
A new law takes effect this coming Jan. 1, 1999. It extends the copyright to
life+70 years.
Tim
"I'm a happy dork in the periwinkle with sunshine on my nose." Opus
Geoff Horton
>copyrights of the lyrics and the music itself expire fifty years after
>the death of the author.
It's also arguable how much copyright can apply. As I understand it, and I
Am Not A Lawyer, any editing/arranging must be significantly different to
establish a copyright. In other words, I can't take a public domain piece,
change a "f" to an "mf" somewhere, and have an enforceable copyright (which
doesn't stop people from trying it all the time).
Geoff
TD Gibby
>It's also arguable how much copyright can apply. As I understand it, and I
>Am Not A Lawyer, any editing/arranging must be significantly different to
>establish a copyright. In other words, I can't take a public domain piece,
>change a "f" to an "mf" somewhere, and have an enforceable copyright (which
>doesn't stop people from trying it all the time).
>
In the copyright law of 1978, there are no numbers, contrary to public belief.
The language states "substantial similarity." However, the law does not define
this term. This is up to the courts. However, the judges usually do not
understand copyright law, so that is where you get confusing and contradicting
rulings pertaining to copyright and similarity.
Rick
O Holy night falls under the category of standards and you can re-print the
lyrics without having to gain written authorization. The song was written
well over 100 years ago (Well over)
Joseph Tosh wrote in message <36751D...@earthlink.net>...
>Please help:
Todd Vanover (toddvanoversMusic)
> "I'm a happy dork in the periwinkle with sunshine on my nose." Opus