Copyright Question

Ralyks

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I wish there were an "ask the lawyer" section, but I'll try this here.

I am about to publish (well, re-publish with a different publisher) a novel that contains a versification of "Be Thou My Vision." These are not the original lyrics to the hymn. In the story, the character has made up his own hymn based on the Gaelic chant, as he lives before it was ever versified. Consequently, the version I use is the result of my own versification which I based upon the 1905 English prose translation my Mary Byrne. Thus, the lyrics are similar to those of the traditional hymn, but they are not the same as those found in the hymn. I am wondering if this may pose a problem / copyright infringement concern. I guess this would qualify as a translation of a translation. I do explain in the notes to the book how I arrived at they lyrics to the altered hymn.
 

Lauri B

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I have absolutely no idea. Sorry I can't be more helpful.
 

MadScientistMatt

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skylarburris said:
I wish there were an "ask the lawyer" section, but I'll try this here.

I am about to publish (well, re-publish with a different publisher) a novel that contains a versification of "Be Thou My Vision." These are not the original lyrics to the hymn. In the story, the character has made up his own hymn based on the Gaelic chant, as he lives before it was ever versified. Consequently, the version I use is the result of my own versification which I based upon the 1905 English prose translation my Mary Byrne. Thus, the lyrics are similar to those of the traditional hymn, but they are not the same as those found in the hymn. I am wondering if this may pose a problem / copyright infringement concern. I guess this would qualify as a translation of a translation. I do explain in the notes to the book how I arrived at they lyrics to the altered hymn.

I'm not a lawyer, but I know that something from 1905 is public domain. As is the original Gaelic. I'd say you are in the clear. I haven't looked up the copyright on the usual lyrics - I have a hymnal at home - but that may be public domain too; I'm not sure. I'll post a follow-up when I can look it up.
 

LloydBrown

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MadScientistMatt said:
I'm not a lawyer, but I know that something from 1905 is public domain. As is the original Gaelic. I'd say you are in the clear. I haven't looked up the copyright on the usual lyrics - I have a hymnal at home - but that may be public domain too; I'm not sure. I'll post a follow-up when I can look it up.

Something from 1905 is probably public domain. Some things aren't. This link

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter13/

contains information about written works and the stanford site apparently has references to musical works somewhere on it, but I haven't searched, since I don't write lyrics. See if it helps.
 

Mike Coombes

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You're rewriting in your own words the words to a hymn, based on something else (am I understanding that correctly?)

Copyright on hymns is almost never maintained (otherwise they'd whither and die - hymn book publishers rely on the vast source of public domain stuff to survive) and as this is over 75 years old the chances are pretty good that even if you quoted the verses verbatim (citing original author, of course) you'd be in the clear. The fact that the words are your own and that you acknowledge the originals make this a pretty safe bet.
 

Ralyks

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Mike Coombes said:
You're rewriting in your own words the words to a hymn, based on something else (am I understanding that correctly?)

Yes, I've rewritten the hymn as rhymed verse based off of the 1905 prose translation. I've checked and the hymn version (1912) is in the public domain, so it looks like I'm safe. Thanks all for the input.
 
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CaoPaux

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Why isn't your publisher vetting this for you?