Advice required re Rabbie Burns ballads

[cos]

Hiya folk,I am more than half way through a novel I have been putting together for the past few years or so.It is historical fiction and the main character goes about fiddling and singing in victorian Ireland,to put it simply.He sings a number of old songs including a few Burns compositions.Can anyone hazard a guess if I include the lyrics in the text will I need to seek anyones permission for the Burns songs or the other trad ones? Any advice appreciated before I publish later in the year.

[Geoff Wallis]

Extracted from the UK Copyright Service's factsheet - P-01: UK Copyright Law - www.copyrightservice.co.uk/copyright/p01_uk_copyright_law.

Duration of copyright

The 1988 Copyright, Designs and Patents Act states the duration as;

1. For literary, dramatic, musical or artistic works

70 years from the end of the calendar year in which the last remaining author of the work dies.

If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.

2. Sound Recordings and broadcasts

50 years from the end of the calendar year in which the work was created, or,

if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.

3. Films

70 years from the end of the calendar year in which the last principal director, author or composer dies.

If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.

4. Typographical arrangement of published editions

25 years from the end of the calendar year in which the work was first published.

5. Broadcasts and cable programmes

50 years from the end of the calendar year in which the broadcast was made.

________________________

Good luck with the book, Michael.

[cos]

Many thanks Geoff!

[nigelgatherer]

Interesting question, perhaps. Since Burns died in the 18th century, there's no question that his works are out of copyright, but in music there are some instances of a collective ignoring of the rules in certain circumstances. For example, the Scots fiddler James Scott Skinner died in 1927, so in the UK his work should have been under copyright until 1997. However, in almost all the (countless) recordings prior to 1997 on which Skinner tunes are used, they were labelled "traditional" or "public domain". Perhaps a surviving distant relative could have kicked up a fuss and claimed millions... A more recent example of this is Shetlander Ian Burns's composition "Spootiskerry" which, although clearly still under copyright, seems to be regarded as public domain, as if there is an unspoken understanding.

Just musing.

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