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Is this old song still under copyright protection?

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Pryath

Junior Member
I was wondering if the lyrics (i.e. composition) for the song "Blood Upon the Risers" (might also be called "Blood on the Risers") is still under copyright protection.

J. H. Knight copyrighted the composition in 1943, but I don't know if it was him who actually composed the song (if that even matters).

https://en.wikipedia.org/wiki/Blood_on_the_Risers

I searched a few databases but could not find neither copyright records nor any renewal records for the composition or any sound recordings made based off of it. I want to make my own recording of the song for use in a published work. The composition has been used in several other published works already.

As for the State: I don't know what State I'd publish my work in, but I'm hoping that the laws will be similar in most States anyways. If they're all dramatically different and I have to pick one I guess I'll do that in this thread.
 


FlyingRon

Senior Member
Given that date of copyright, it's safer to assume it is still under copyright protection. As you have realized, searching the copyright info on stuff this old is a bit painful.

The author's name by the way is "Kight" not "Knight."
 

quincy

Senior Member
I was wondering if the lyrics (i.e. composition) for the song "Blood Upon the Risers" (might also be called "Blood on the Risers") is still under copyright protection.

J. H. Knight copyrighted the composition in 1943, but I don't know if it was him who actually composed the song (if that even matters).

https://en.wikipedia.org/wiki/Blood_on_the_Risers

I searched a few databases but could not find neither copyright records nor any renewal records for the composition or any sound recordings made based off of it. I want to make my own recording of the song for use in a published work. The composition has been used in several other published works already.

As for the State: I don't know what State I'd publish my work in, but I'm hoping that the laws will be similar in most States anyways. If they're all dramatically different and I have to pick one I guess I'll do that in this thread.
Given the wide use of the lyrics to "Blood on the Risers," it is possible that the 1943 copyright was not renewed and the lyrics could be in the public domain. That said, it is also possible that a lot of people are infringing on a copyright-holder's rights or have licensed from the copyright holder the rights to use the lyrics.

Because infringing on copyrights can be costly when caught by the copyright holder, you would be smart to investigate the status of the copyright prior to use. If you don't mind spending a bit of money to avoid spending a lot of time, you can have the US Copyright Office's Records and Research Certification section do the search for you. You can arrange for a paid search of pre-1978 registered copyrights through the following link - http://www.copyright.gov/forms/search_estimate.html - or you can call the Records Research section at (202) 707-6850.

Although you said you hope to make your own recording, you should know that there can be copyrights existing in various versions of the song so, even if the lyrics turn out to be in the public domain and free for you to use, or even if the lyrics are still protected by copyrights and you obtain a license to use the lyrics, you will need to avoid copying others' creative and original musical versions of the song and lyrics (for example, some versions have the lyrics changed slightly with the changes copyrightable and others have unique and copyrightable musical arrangements).

Good luck.
 
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