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A question we hear too often when we play out is "Why doesn't your club play any current music?" Firelands Dulcimer Club uses music from the public domain and occasionally original music written by members. And there are very good reasons why we do so. Any music that was written recently is protected by copyright. In order for a club to arrange it for dulcimer to play, it would first have to get prior permission from the copyright owner. What about just buying a dulcimer book and performing the music from it? First, if you don't have enough copies for all the members, it is illegal to make copies and hand them out. Second, to perform the music you need permission from the copyright holder. Even if you wanted to reproduce the words in a program to hand out for a sing-a-long, you would need prior permission to do so. When you say the music is in the Public Domain, what do you mean? It is music that is not under copyright and may be freely used by the public. So how do you know if a song is in the Public Domain or not? There are books that you can purchase that list music in the Public Domain. Some public libraries have these books in their reference section. Search the Internet. Check to see if others have recorded the music and what it says on their CDs. The Public Domain Information Project says on its web page:
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If any music or lyrics are still under copyright protection
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What is ASCAP? American Society of Composers, Authors and Publishers is a music licensing organization that collects performance fees from broadcasters, clubs, hotels, restaurants, bars, theaters, fairs, and any other place that music is performed publicly. The fees go to its members. You can search their database ACE on the Web to find what songs they collect fees for. Unfortunately it doesn't differentiate between original copyright and copyright of an arrangement of a public domain song. Some of the songs it covers are Happy Birthday to You, As Time Goes By, Blue Moon, The Christmas Song, I Only Have Eyes for You, Misty, Moon River, Night and Day, Santa Claus Is Coming to Town, Stardust, Sweet Georgia Brown, Tea for Two, White Christmas, and Winter Wonderland. What is BMI? Broadcast Music Inc. also collects performance fees for its affiliates. It also has a searchable database that you can use to find out what songs they cover. Two of the song writers they collect fees for are Pete Seeger and Woody Guthrie. What is SESAC? Founded in 1930, SESAC is the second oldest of the three performing rights organizations in the United States. (from SESAC web page) SESAC also has a searchable database online. Some of the performers who have used SESAC music are: Garth Brooks, Jim Brickman, Eric Clapton, U2, Luciano Pavorotti, LeAnn Rimes, Mariah Carey, Alan Jackson, Cassandra Wilson and Hanson. The kinds of music SESAC covers ranges from Folk music to Big Band, Jazz, New Age, Easy Listening, Adult Contemporary, Urban, R&B, Top40, Pop, HipHop, Rock, Rap, Blues, Country, Bluegrass, Gospel, Contemporary Christian, Latin/Hispanic, Tejano, Salsa, Carribean, Polka, Band, Choral, Classical, Educational, and Children's music, as well as background music, radio and TV jingles, film, Cable and TV music, music videos, football, wrestling and circus theme music, foreign releases, and top selling Christmas albums. (from their web page.) What if I promote a benefit concert or a musical attraction where there is no charge for admission? You would still have to pay a fee based on seating capacity ranges. (from BMI's web page) Unless you know for certain who has the copyright for the music you are performing, you or the establishment you are playing for would need blanket licenses from ASCAP, BMI, and SESAC.
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Now that you've learned a little bit about copyright law, you can understand better why a Dulcimer Club such as ours sticks to using music from the Public Domain.
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