Question about submitting folk songs

[davidr]

I have a question about submissions to listings like this one: TAXI # S250212WM: Lots of WORLD MUSIC INSTRUMENTALS and/or INSTRUMENTAL CUES are needed by a top-notch Music Licensing Company that TAXI members who've signed with them love!

I produced an instrumental track for a popular ethnic folk song. In my track, I added an original chorus, in the same style as the song. The song was composed in 1938, and the composer died in 1990,
So, can I submit my track, even though the composer died less than 70 years ago?

Thanks for any insight!

[macomposer]

Hi David,

So, the first thought (which is the one that many of us think for listings) is to listen to the references. If you song sounds like it's from the same playlist, then yes submit!

BUT, this is situation is much more sticky... So the song is not originally written by you, but by someone else who died in 1990, even though you added to the song with an original chorus. So you have a new song that is basically based on someone else's.

From my experience in sync, the answer is absolutely no. I haven't looked up this particular listing, but almost all of them say something to the effect that you must own and control the master rights to sign to a library/publisher.

You would have to get a written contract from the original composer's estate certifying that they grant you the rights to use and incorporate the song into new works. If you can get that, have it notarized and reviewed by a good entertainment attorney, THEN you could submit. (Also assuming again that it fits on the playlist). If a library is interested, you would have to share all of this with them, and they still might not want the hassle.

So, probably not worth it.

- Mark

[Casey H]

Were you even a co-writer on the song or just a producer?

You can't submit or sign a sync deal for a song for which you don't own the composition and master recording. If you never were a co-writer or co-owner, it's an absolute no. If you are a co-writer/owner but your partner is deceased, you would need documentation that the estate signed it over there share to you.