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 Is Isa Lei Public Domain?
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bbenzel
Lokahi

USA
130 Posts

Posted - 05/25/2007 :  07:59:46 AM  Show Profile  Visit bbenzel's Homepage
Does anyone know for sure that Isa Lei, at least with respect to the melody, is PD?

ASCAP Title Search has this to say:

ISA LEI Title Code: 390207908)

Writers:
CATEN A W

Performers:
BHATT V M
COODER RY
NEWMAN A
PAHINUI BROS

Variations:
(none found)

Publishers/Administrators:
BOOSEY AND HAWKES INC
35 EAST 21ST STREET
NEW YORK , NY, 10010
Tel. (212) 358-5300

_____________________________________

And HFA Songfile seems to agree...

Additional Information for: ISA LEI
Writer(s): LIEUT. A.W. CATEN
HFA Song Code: I00701

Publisher

Represented By HFA
BOOSEY & HAWKES INC Y
Artist

Album
THE PAHINUI BROTHERS 'THE PAHINUI BROTHERS'
V.M BHATT AND RY COODER A MEETING BY THE RIVER
THE PAHINUI BROS. THE PAHINUI BROS.
RY COODER & V.M. SHATT DEAD MAN WALKING (THE SCORE)
VARIOUS DEAD MAN WALKING THE SCORE
RY COODER A MEETING BY THE RIVER
VARIOUS DEAD MAN WALKING THE SCORE
RY COODER DEAD MAN WALKING: THE SCORE
PAHINUI BROTHERS PAHINUI BROS.
THE PAHINUI BROTHERS THE PAHINUI BROTHERS (PRIVATE MUSIC)

________________________________________

Just wondering if I need to license my arrangement...

Bill


chunky monkey
Ha`aha`a

USA
1022 Posts

Posted - 05/29/2007 :  04:32:45 AM  Show Profile
Bill's arrangement is a goodun.
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Russell Letson
`Olu`olu

USA
504 Posts

Posted - 05/29/2007 :  05:39:44 AM  Show Profile  Visit Russell Letson's Homepage
Peter Medeiros certainly has a more reliable take on the situation, but I'd say that whatever the actual historical background (e.g., an old melody claimed and copyrighted by someone in the 1930s), two major licencing organizations treat it as though they control it, so the alternatives are to get the mechanical license (I'm assuming a recording here) or be prepared to engage in some interesting legal activities. (BTW, if you're just performing the arrangement in a club or whatever rather than recording or publishing it, you're not responsible for paying ASCAP anything--that's the venue's responsibility--but you probably already know that.)

Just for fun, I Googled around and found this among the Hulapages cover images (vintage 1932):

http://www.hulapages.com/00710b.jpg

And from a New Zealand bookseller, this description of sheet music:

"CATEN, Lieut. A.W. - ISA LEI. A Fijian Melody. London: Boosey & Hawkes, 1932. Sheet music. 8pp. 280mm x 223mm. Lyrics (in Fijian and English) & music of song plus arrangement of song as a slow fox-trot, by the composer, the bandmaster of the Fiji Defence Forces."

I would make a small wager that my parenthetical guess is correct and that Caten, like A.P. Carter, claimed as his own something he found and polished up a bit.

Edited by - Russell Letson on 05/29/2007 05:40:49 AM
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RWD
`Olu`olu

USA
850 Posts

Posted - 05/29/2007 :  11:15:49 AM  Show Profile
Hi Bill,
I visited your myspace site about a month ago and you play very well. I would like to hear you arrangement of Isa Lei.

Bob
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noeau
Ha`aha`a

USA
1105 Posts

Posted - 05/29/2007 :  11:35:52 AM  Show Profile
I read somewhere that British copyrights are shorter than American copyrights. If Boosey&Hawakes has control it might be expired. Can someone explain about the listing of recorded material and the artists who recorded. Is only the recorded arrangement protected so if one was to develop an original arrangement than only a license from the publisher of the original song is needed? It gets so convoluted and sometimes it doesn't seem to make any money for the writer but the publisher goes to the the bank smiling. And new recording artists get threatened with rediculous law suits even if their record was a flop.

No'eau, eia au he mea pa'ani wale nō.
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bbenzel
Lokahi

USA
130 Posts

Posted - 05/31/2007 :  09:01:07 AM  Show Profile  Visit bbenzel's Homepage
Thanks Robert,

I listened to your music on myspace as well -- you sound quite accomplished.

Russell, I think your advice is spot on. I just need to decide on 4 other covers to license so I can maximize the use of the "processing fee" -- Isa Lei is already recorded, the remaining covers are not yet done.

Once I have the licensing issues out of the way I'll put Isa Lei up on myspace and let people know it's there -- may be a while before I get to that.

Mahalo to those who responded.

Bill
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