QUESTION
Is it possible to monitorize a video on YouTube where somebody is singing a folk song?
Asked on Nov 27th, 2013 on Entertainment Law - California
More details to this question:
Is it possible to copyright the performance of the song? As far as I can see 'folk songs' are not bound by copyright laws. Thank you.
4 ANSWERS
Music is protected by two copyrights: one on the music composition and the other on the performance of that composition. It is possible for the composition copyright to have expired but the performance copyright to still be in existance. While much of the folk music genre is based on old tunes, a fair percentage of it is still protected.
Answered on Dec 02nd, 2013 at 9:12 AM
Entrepreneurial Business Law Attorney serving Portland, OR
at
Abts Law LLC
Update Your Profile
Someone's performance of a folk song is copyright to that person even if the folk song is in the public domain, we protect the specific performance of the song by an artist. As for what you can do with YouTube videos, it's complicated and really depends on the details you'd probably want to make an appointment with an attorney and sit down for a conversation off the Internet so you can get some legal advice particular to your situation.
Answered on Dec 02nd, 2013 at 9:05 AM
Theodore M. Roe
First, just because it is a folk song does not mean that it is not subject to copyright. Second, there is an analysis that must be done to determine whether the work is subject to copyright restrictions or whether it is in the public domain or subject to the fair use exception. However, generally speaking a copyright runs 70 years from the death of the author. Again, I recommend that you have a qualified entertainment attorney perform the appropriate analysis.
Answered on Nov 27th, 2013 at 4:33 PM
3 Awards
I'm writing, assuming you mean "monetize," meaning make money from something. First, all original expression is protected by copyright as soon as it is "published," meaning made available to the public in general. Second, while some compositions are old enough to be in the public domain and thus not protected by copyright, a particular performance is still protected by copyright. Thus, while the ballad "Scarborough Fair" dates as least back to the 1700s (and probably much further back), thus putting the composition in the public domain, a particular performance of Scarborough Fair (e.g., Simon & Garfunkel's version), could still be subject to copyright and owned by the copyright holders. Before trying to monetize a work, make sure that you have the right to do so. Performances of folk songs are still subject to copyright, even if the underlying composition is in the public domain.
Answered on Nov 27th, 2013 at 4:33 PM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.