Recently, I received an email from a Mel Bay author with a list of songs he would like to use in an upcoming project. This is typical of email I receive from authors on a weekly basis. They anxiously await my response as to whether a song is in the public domain or not, and if it is copyrighted, will we be able to license it for their project. The unique process of researching and licensing songs for music publications, audio recordings and video recordings can be as complex as stringing a guitar with ukulele strings, but knowing and understanding a few of the basics can go a long way.

One of the first questions an author asks is, "Is this song in the public domain?" By definition, a creative work that is not protected by copyright and not owned by anyone is considered to be in the public domain. Due to changes in US copyright law over the last few decades, it's not always easy to determine whether a song is in the public domain. The first thing to check, however, is whether the song was published in the US before 1923 and if it was, then the song is definitely in the public domain (note that international songs do not always follow this rule of thumb). To find the publication date of a song, either check the original copyright date on the sheet music or use my preferred method- the Internet. Since the advent of the Internet it seems almost impossible not to find a little nugget of information on a song.

You do have to get creative when searching the Internet for publication dates and especially when researching obscure songs. Certain authors may challenge me - and you know who you are! - by sending me odd-ball song titles you learned from a one-armed banjo player in the mountains of Where-the-heck-are-we.

Definitely be aware that some public domain songs have acquired a number of titles along the way, and some end up simply spelled differently from the original. One example is the copyrighted tune (yes, it really is copyrighted!) "Ookpik Waltz" also known as "Ookpick Waltz", "Ook Pic Waltz", "Eskimo Waltz", and "The Canadian Waltz". It certainly makes for interesting research when one song has five different titles! Research tip: Try searching for the lyrics to the song as opposed to just the title. Once you have determined that a song is in the public domain you may legally record it, perform it or use it for any project you may be working on.

Researching a copyrighted song is a much more straightforward process. Most copyrighted songs are registered with one of the US performing rights societies: ASCAP, BMI or SESAC. The websites for these three societies are the best sites to use when you need to find out who owns a song so you can approach the owner to request a license. Of course that all depends on what type of license you would like to request.

If you are making a recording of a copyrighted song, you need to obtain a mechanical license. The current statutory rate for a mechanical license is 9.1 cents for a song under 5 minutes and 1.75 cents per minute for a song over five minutes. Initially you should check with the central mechanical licensing agency, The Harry Fox Agency, www.harryfox.com to see if the song is licensed through them, as this is where you will find most popular songs.

Not all publishers, however, register their songs with Harry Fox- including Mel Bay Publications, and in that case you have to request a license directly from the publisher. To request permission to use a Mel Bay song, visit our website section on Licensing Mel Bay Products. The beauty of the mechanical license is that you cannot be denied as copyright law specifies that once a song has been recorded, anyone can record their own version of the song. You just have to pay the appropriate fees.

You must also obtain a mechanical license and pay fees if you are using a copyrighted arrangement of a public domain tune. If you are recording a classical melody or an old gospel tune, for example, it's unwise to automatically assume that it is in the public domain and that you don't have to license it. If the very arrangement you are recording is copyrighted, and contains specific and original musical concepts by a current composer, then the standard mechanical licensing rates apply and you must again pay the appropriate fees.

Another type of license frequently requested is the synchronization license, aka:"sync license". This is the type of license required for music used in films, television and commercials and its fee is negotiated and a license is obtained directly from the publisher of the song. Unfortunately, unlike the mechanical license the synch license is not automatically granted. Mel Bay frequently requests sync licenses for DVD projects and has acquired licenses for songs such as "Yesterday" (Lennon/McCartney), "When You Wish Upon a Star" (Harline/Washington) and "Puttin' on the Ritz" (Irving Berlin).

As a print music publisher, Mel Bay also licenses music for print. The print license, like the sync license, is negotiated directly with the publisher or a specified administrator of print licenses, and is not always granted like the mechanical license. As you can imagine, Mel Bay could not release its Master Anthology series without print licenses!

Many authors ask me what type of license they need to obtain when they are performing in venues such as coffeehouses, restaurants, hotels, etc. This is a common misconception, and I think you are going to like the answer. The truth is the venue you are performing at should already be paying fees to at least one of the performing rights societies: ASCAP, BMI and SESAC. Venues that have live music or music playing over speakers are required to pay blanket licenses to the performing rights societies in order to play the songs registered with these societies; churches are exempt from these fees. Because of the fees that the businesses pay, you the artist can play your music without having to obtain and pay for any licenses for the performance.

One last frequently asked question when it comes to licensing is, "What is considered fair use?" My answer to that is usually, "When in doubt, get permission!" However, there is a broad and ambiguous definition to fair use, although I'm not sure I can adequately explain it within the confines of this article.

Whether you are using a short sample of a recording or a few bars of the print music, the only sure-fire way to determine whether your use is fair use is if the copyright owner decides to sue you and the court upholds your fair use defense. Therefore, no matter how much you think your use of copyrighted material qualifies as "fair use", you must understand and accept that the use alone is a risk and it can be challenged by the copyright owner.

So, before you decide to use a "snippet" or "just a couple of bars" of copyrighted music, be sure to ask yourself whether you are just copying the work and not really adding substantial new material to it to create a new original work. Does your new work harm the market for the original work in any way? How much of the copyrighted work are you using? Are you using the most recognizable parts or the "meat and potatoes" of the original work? The answers "yes" and "a lot" to any of these questions will definitely tell you that your use is probably not "fair use".

Take a lesson from the 1990 hit "Ice, Ice Baby" performed by Vanilla Ice. The writers and publishers of the song lost their fair use defense against their claims that the bass line to the song was not exactly the same as the legendary song "Under Pressure" written by the members of Queen and David Bowie. Queen and David Bowie now receive their share of the royalties every time "Ice, Ice Baby" is played on the radio, sold on a compilation album, or re-recorded.

The world's access to music is changing fast and the world of licensing is trying to keep up, but rest assured, these basic licenses will always be in place in one form or another. So whatever type of project you are working on, whether it's an audio recording, a movie or even a book- when it comes to the songs you are using, do your research, stay legal and be sure to license them.

Julie Price developed a passion for the music business in high school while working for her father Ron Simpson, a prominent concert producer in Atlanta, Georgia. She graduated with a BBA from The Mike Curb College of Entertainment and Music Business at Belmont University in Nashville, Tennessee. During the course of her studies she was the first VP of Marketing for Belmont's student label, Acklen Records, and worked for major Music Row companies such as EMI Music Publishing Nashville and DreamWorks Records Nashville.

After graduating, Julie moved to Los Angeles where she worked for Warner/Chappell Music Publishing as Copyright Coordinator. In 2002, she moved to St. Louis, Missouri where she currently holds the position of Business and Legal Affairs Advisor at Mel Bay Publications, Inc.