← Back
Copyright, Fair Use, Content ID & Music Licensing

A public-domain score is paired with a protected modern translation of its lyrics.

Problem

A public-domain score is paired with a protected modern translation of its lyrics.

Solution

Root Cause / Diagnostic:
Translating historical public-domain lyrics (such as opera librettos, religious hymns, or folk poetry) creates an independent derivative literary work. Even if the musical score and original foreign-language libretto are public domain, a 20th-century English translation remains fully protected under copyright law until its own copyright term expires.

Actionable Fix:
1. Research the specific lyric translation used in the broadcast to identify the translator and date of first publication.
2. If the translation was published post-1928 and lacks public domain status, re-record the vocal track using the original historical language lyrics or an authentic public-domain historical translation.
3. Verify public-domain status of translated texts using the Library of Congress Online Catalog and the HathiTrust Digital Library to confirm publication dates prior to the current copyright cutoff.

Pro Tip:
When adapting historical vocal pieces (e.g., Schubert lieder or Latin choral works), commission an in-house translation or perform the original source-language text to prevent derivative translation copyright infringements.