"Author Unknown"

What's the state of copyright if a song's author isn't known.

AFAIK, the CCLI doesn't cover these songs, because they can't give licence fees to the copyright owner because they don't know who it is.

But, this then got me thinking - how can a book like 'Songs of Fellowship' publish these songs in a book - for the same reason?

Do people project these songs, print them out on song sheets, or do they just avoid using them?

[stevegoad]

Usually, if a book or hymnal publishes with "Author Unknown" and no copyright information, it is considered Public Domain, and you may print at will. No CCLI information is needed. (this is a safe bet if the book is published by a reputable publishing house) - if published by an independant, do some internet searches to see if the information is available.

[blwells45]

Ok, a bit off topic here:

Since we're in the Cayman Islands we can't get a CCLI license nor access to SongSelect. We've tried, we've begged, we've pleaded... to no avail. So, if a song isn't in the (Integrity I think) Worship Software database, I google it. And what cracks me up are all of the "author unknown" instances of rather "famous" praise and worship songs that people post on their webpages. Is it that the person doing the website doesn't really know who the author is, is too lazy to find out, or thinks that ignorance is bliss and that by marking it as "author unknown" have some how avoided copyright infringement?

Ok, sorry... back to the topic at hand.... I w/STeve here... but, I'm not a lawyer. Where is our in-house counsel for this one?? Dave... Dave.. DAAAAAAAAAAAAAVE...

[David Reddel]

Here is some information that goes to the duration of the copyrighted anonymous work:

§ 302. Duration of copyright: Works created on or after January 1, 19784
(a) In General. — Copyright in a work created on or after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and 70 years after the author's death...

(b) (omitted by me)

(c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. — In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first.

The time frame was extended in 1998 by the Sonny Bono Copyright Extension Act.

The real question though is whether you can use it and simply say "Author Uknown"? Brian has it right in doing some initial "due diligence" to see what is out there on the song. If you find nothing at all, you could use it, with the understanding that there is likely a valid copyright owner out there that could assert a claim. If you take steps to assure that you did not know of the rightful copyright owner, the liklihood of any claim is remote. Due diligence is key.