Klarinet Archive - Posting 000013.txt from 2009/02

From: "Kevin Fay" <kevin.fay.home@-----.net>
Subj: RE: [kl] Derivative Works
Date: Sun, 01 Feb 2009 16:24:31 -0500

Martin Baxter asked:

<<<Just to add to the fun.
How was the Presley estate able to copywrite the tune of "Love me
Tender" when that tune is the same as Aura Lee (and is an old Irish
folk tune anyway).>>>

Easy - it contained enough "originality" to be copyrightable as a derivative
work.

If you use the tune in your own arrangement, you're probably outside of the
ambit of "Love Me Tender" unless you foolishly use that title. Use the
lyrics at your peril.

kjf

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