Copyright FAQ

1. In short, works published in the US before 1923, and abroad before 1922, are in the public domain, without conditions, see:

      www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm

and   www.benedict.com/info/Law/LawDuration.aspx


Please note that copyright and intellectual property issues are among the most litigated issues in the legal community.  A copyright confers a legal  monopoly to its owner, and forms the basis of the publishing, entertainment, and computer software industries.


2. All music on this website was arranged from scratch using music notation software, printed, scanned, and uploaded.  The songs were arranged from the original score, by ear, or public domain sources.


3. A 1935 US copyright is claimed on the song "Happy Birthday" with lyrics.

However, the melody to Happy Birthday was first published in 1893 as "Good Morning to All", within "Song Stories for the Kindergarten".  Therefore this tune is within the public domain.  This sheet music does not contain any lyrics, and song titles cannot be copyrighted.


4. Richard Strauss died in 1948, but his tone poem "Also Spracht Zarathustra",  Opus 30 was published in 1896, and is within the public domain.


5. Edward Elgar died in 1934, but his "Pomp and Circumstance March No. 1" was published in 1902, and is within the public domain.


6. Gustav Holst died in 1934, but his orchestral suite "The Planets was published in 1921, and is within the public domain.


7. Other composers on this site died before 1923, and their published works are in the public domain.  Many hymns, folk songs, spirituals, etc. originated before printing was widespread, and a date was provided if available.


8. The beach graphic was photographed with a film camera at Assateague State Park in Virginia, USA.  It has been scanned and changed with image-editing software to change size, sharpness, tint, and contrast.


9. These reference notes are based on US copyright guidance.  The internet server for this site is administered in the US, the language of the web site is English, and the arranger of the music is a US citizen residing in the US. 


10. US copyright law and practice does not always agree with other foreign countries, that has created some controversy on the internet.


11. If you are a citizen of a foreign country, it is suggested that you meticulously research all applicable laws, statues, and legal opinions of your judiciary regarding copyright and public domain questions before accessing music on this site.

Frequently Asked Questions -- FAQ
6. The arrangements seem too simple.
With modern instruments and keyboards available nowadays,
just the melody line and minimal bass (or chords) are needed
for a professional musician.  That is why fake books are so
popular, because most groups prefer their own arrangements
anyway.

Complex arrangements are easy to find everywhere, simple
arrangements that you can improvise from seem to be scarce.

And complex arrangements with performance are readily available
on CD's, iPods, radio, etc. so there is little interest for
anything in between.  (Either you want to play "Scarborough Fair"
on your keyboard, or you are going to listen to the definitive
recording by Simon & Garfunkel.)

2. Is the music really free?
Yes.  No strings attached, not even a credit or a web
link. Go forth and enjoy.  The midi files are also free.
4. Why the copyright © symbol on the music?
Original work is automatically copyrighted when
fixed in a tangible form, without need for
registration or any symbol.  You are here for the
music, I hold copyright to the arrangements, and
on this web site free really does mean free.

1. Why no popular/modern songs?
Anything published after 1923, and still popular, is
likely to be under copyright.  I would need to ask
permission before posting an arrangement.

Music published in the USA before January 1, 1923 is
in the public domain, and can be arranged and published
without prior permission.   Songs whose copyright
status may be questionable are not included on this web site.
5. You can copyright public domain music?
Only an original arrangement, what actually prints on
paper.  The underlying tune still remains in the public
domain.  For example, you can take a piece of music
paper, copy the melody line for "Kumbaya", add your own
harmony/chords, and put your name + copyright on the finished
work.

3. If I want to provide a credit, what should it say?
Just include the text:

"Used with permission of William Wallace, Apex
North Carolina"

www.easybyte.org
Copyright © 2004-2008
William S. Wallace
Apex, North Carolina
wallace@easybyte.org
LAST UPDATE: December 25, 2007
*** END WEB PAGE ***