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Copyright does that apply to a song done in 1928?

Discussion in 'Copyright, Claims, Strikes & Legal Discussion' started by Mark Stise, Apr 13, 2018.

  1. Mark Stise
    I've Got It
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    I current project evolves a song my Helen Kane called I want to be loved by you.
    She sang this song in 1928 but I can't be certain that Youtube wont flag it for copyright infringement.
    I mean how do I find out if a song done 90 years ago is even in the public domain or not?

    Do anybody have any ideas
    I like my idea and my video project is still in production.
    But I expect I will be fighting with Youtube over this song.
    Please any advice would be welcome.
     
  2. Vedstedsen
    The Escapist Project
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    I believe that copyright is lost in some instances after a certain amount of time, but can be bought afterwards.
    The Danish Author H.C. Andersen's brand is currently owned by Japanese I think, so it's very likely someone currently sits on the copyright.

    Im however not an expert, just a guess. :)
     
  3. Mark Stise
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    I am grateful for your reply
    I myself wonder but I like my idea to much to just stop the project.
    Who knows maybe I will luck out and nobody owns this song.
     
  4. EVO
    EVO
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    Works published before 1/1/1923 In the public domain
    Works published on or after 1/1/1923 and before 1/1/1964 + proper renewal (including registration) filed 95 years from publication
    Works published on or after 1/1/1923 and before 1/1/1964 + proper renewal (including registration) NOT filed In the public domain
    Works published on or after 1/1/1964 and before 1/1/1978 95 years from publication
     
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  5. Mark Stise
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    Okay Evo this is very helpful
    But how do I find out if its still on file???
    Is there a website I can check??
     
  6. Steverd
    Active Member
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    Here's what I do when I am not sure. I update the song/video in question to a private youtube channel I have.
    Not related in anyway to my main Steve's World channel. Then check back in a day and you will now if the song is OK or if you get a copyright claim on it. This has worked great for me over the years.
     
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  7. Mark Stise
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    It's a good idea!!!
     
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  8. ErnieGG
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    In addition to any search for copyright information, you might google it.

    You'll find with this song that it's probably covered all over the place with copyright. After all, it is THE signature song of Betty Boop. It's often dragged out and dusted off as an example of sexuality in cartoons of the late 20s. AND there's a famous cover of it by Marilyn Monroe.

    I cannot imagine the original copyright owner would have let it lapse (and I don't know whether one can re-buy rights if rights have lapsed). But this thing is FAMOUS and I'll bet you're out of luck with it. Sorry.
     
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  9. Mark Stise
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    I rather have an honest opinion
    That means a lot
    Thank you
     
  10. ErnieGG
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    Yeah, the more I live this life, the more I have no time for store clerks who think they are answering my question when they pick up the item I'm asking about and start to read its label... instead of saving me time by telling me they don't know. Getting a definitive NO is a hell of a lot more helpful than a carefully stated "maybe" that's designed to make you think the speaker knows something when they don't.

    That said, Steverd's method seems like the way to go. You want to know if a shark likes a particular kind of fish? Dangle one out in the ocean and see if it gets snapped up! Steverd's method puts it out there so it can be flagged or snagged as copyrighted without directly connecting it to your present project, so you're still anonymous to the copyright holder. That way, if there's something clever you can do to get use of it approved, he hasn't already said NO to this project. In fact, I might do that using a different email address, too.

    Good luck.
     

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