The song Home on the Range is one of the most famous American folk songs and is often considered the unofficial anthem of the American West. It is widely associated with cowboy culture and has been performed by numerous artists over the years. However, when it comes to copyright status, the question arises: is Home on the Range still under copyright, or is it in the public domain?
Origins of Home on the Range
The lyrics of Home on the Range were based on a poem titled My Western Home, written in the early 1870s by Dr. Brewster M. Higley, a physician from Kansas. The poem was later put to music by Daniel E. Kelley, a friend of Higley. The song became widely popular and was adopted by cowboys and settlers, spreading across the country as part of American folk tradition.
Copyright Status
Because Home on the Range was written in the 19th century, it has long been in the public domain in the United States. Works published before 1928 are generally considered to be in the public domain, meaning they are free to use, reproduce, and adapt without needing permission or payment of royalties.
Although there were some attempts to claim ownership of the song in the early 20th century, legal rulings determined that Home on the Range was a traditional folk song with no enforceable copyright protection. As a result, anyone can legally perform, record, or distribute the song.
Modern Recordings and Arrangements
While the original version of Home on the Range is in the public domain, specific arrangements, recordings, or adaptations may still be copyrighted. For example:
- A musician who creates a unique arrangement of the song may hold copyright over their version.
- A particular recording of the song may be protected under sound recording copyright laws.
- New lyrics or significant modifications could result in a new copyright-protected version.
However, the melody and lyrics in their traditional form remain free for public use.
The song Home on the Range is in the public domain, meaning anyone can sing, record, or use it without restriction. While individual arrangements or performances may be copyrighted, the song itself is free to use, making it one of the most enduring and accessible pieces of American folk music.
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