Is this copyrighted?

[swimswamit]

What is the name of your state (only U.S. law)? Virginia
Can someone check if this is copyrighted? I had hoped to use it in a game. There is zero chance i will ever be able to contact the owners if it is..
Also, this seems to be a remix of the Russian folk songs Yoblochko and Kalinka.

 

[quincy]

What is the name of your state (only U.S. law)? Virginia
Can someone check if this is copyrighted? I had hoped to use it in a game. There is zero chance i will ever be able to contact the owners if it is..
Also, this seems to be a remix of the Russian folk songs Yoblochko and Kalinka.

We cannot do personal reviews on this site. That goes beyond the scope of the forum.

That said, and as a general rule, if you cannot locate the holders of any possible rights to material you wish to use, you should not use the material.

While old folk songs and folk tales in their original forms can be used by anyone as they are in the public domain (in the US, copyrights in anything published before 1923 would be in the public domain), new treatments of the original songs and tales tend to have their own creative twists and usually will be rights-protected.

To check for copyrights registered in the US, you can do a copyright search at http://www.copyright.gov or you can hire a search firm. It is important to note that copyrights do not need to be registered to be offered protection.

Good luck.

 

[dgd2008]

What is the name of your state (only U.S. law)? Virginia
Can someone check if this is copyrighted? I had hoped to use it in a game. There is zero chance i will ever be able to contact the owners if it is..
Also, this seems to be a remix of the Russian folk songs Yoblochko and Kalinka.

Hello Swimswamit,

The author of the song "Kalinka" was Ivan Petrovich Larionov. In accordance to the Paragraph 1, the Article 1281 of the Russian Civil Code, the exclusive right to exploit this work belongs to the author for life and also for 70 years after the author's death.

The exlusive rights to exploit this song by the author had expired in 1959.

Sincerely,
DGD

 

[quincy]

Hello Swimswamit,

The author of the song "Kalinka" was Ivan Petrovich Larionov. In accordance to the Paragraph 1, the Article 1281 of the Russian Civil Code, the exclusive right to exploit this work belongs to the author for life and also for 70 years after the author's death.

The exlusive rights to exploit this song by the author had expired in 1959.

Sincerely,
DGD

DGD, whether what you wrote is true or not, there are many versions of the song Kalinka that have been published (especially in recent years). The creative and original additions to Kalinka give these new published works copyright protection (e.g., the musical arrangements are protected).

When a work is in the public domain, anyone can use the original work for their own purposes but it is only the original work that can be used. It is only the original work that no longer has copyright protection.

For example: The story of Cinderella is in the public domain but Cinderella has been interpreted by others in a variety of creative and original ways. These interpretations of the tale cannot be copied. For example, you cannot use Disney's version of Cinderella without infringing on Disney's rights, even though the underlying work (the original tale) is in the public domain.

DGD, this thread is the second older/old thread you have "revived" on this forum so you could add some comments. Reviving older threads on this forum is frowned upon. The threads are in the forum archives for posters to read and to learn from, but if you wish to respond to a poster, you should respond only to the newer threads that have questions on US law. Thanks.