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Changing a verse

I read the thread entitiled "Changing a word" about changing the word "Shaker" to "Christian" and had a few questions of a simiilar nature.  I wasn't sure if I should post on an old thread or start a new one, so forgive me I chose poorly.
 
I am starting a new high school chorus at a school that has been here for 6 years but has no music program at all.  I'd like to perform the hymn "How Can I Keep from Singing" as I think it really reflects our "new creation" and that we can't be stopped from singing.  The song seems to have many versions, but I like the the simple arrangement that is free on cpdl.  However, other arrangements of the song have some verses that I really like - the Pete Seeger version has some nice lines.
 
I'm assuming that Pete Seeger's is copywrited and I can't use his words with the PD arrangement.  But, what I was thinking of is creating an additional verse that is written from suggestions from the students the first day on why they like to sing and on what occasions and so forth - to personalize the song for us for our first performance.
 
Is this permissable?  Does it matter if I only do the original first verse and leave off the others?  If not, how come Pete Seeger can and I can't?  Also, how is this different from changing a single word, if it indeed is?
 
Jessica Bowen
AMSA Charter School
Marlborough, MA
Replies (5): Threaded | Chronological
on May 22, 2012 3:08pm
Jessica:  First of all, do you have a PRINTED copy of "How Can I Kee from Singing," and does it have a copyright notice?  Or are you just going by recorded versions.  There's no way to know the copyright status of music on a recording, including added or deleted lyrics.  (When Barbra Streisand recorded her "Broadway" album she sang added lyrics to some songs, but asked Stephen Sondheim to write the added lyrics to his own songs, which he did!!)
 
U.S. copyright law covers orignal music and any associated lyrics.  Changing lyrics is therefore a technical violation of the law, but can certainly be done with permission.  Folk songs or hymns that are old enough to be public domain are a different story, since folks songs and hymns have a way of collecting variations and new verses as part of their normal lifetime development.  You call the song a "hymn," but is that technically true?  I so you should be able to find it in a hymnal with copyright information.
 
Can you omit verses?  Of course!  There's no legal requirement to sing every copyrighted verse (or to sing any verses at all, since any instrumental version would not!).
 
Is it legal to write your own new verse?  (And what a neat idea THAT is!!)  Historically that would be called a "contrafactum" or (further back in history) a "trope."  Nowadays it's called a "parody," and I believe that courts have held it to be acceptable.  (You might not want to think about publishing it, though, because then you'd have to publish it with the copyrighted music and that could get complicated!)
 
Now about the lyrics Seeger sang, you really have no way of knowing whether he wrote them or whether they're traditional but more obscure.  But according to Wikipedia Pete is still alive and kicking at age 93, so you could ask him!  Who knows, he might be flattered!!  And about changing lyrics, the Wiki article says that it was Pete who changed the traditional line "We will overcome" to "We shall overcome," which probably tells us something about HIS feelings on the question.
All the best,
John
on May 23, 2012 6:22am
(or, at least his grammar....)
 
on May 23, 2012 6:33am
Jessica in Marlborough,
Hello.
"How Can I Keep from Singing" is an old Quaker hymn.
You can create new words, but they should be respectful of the old song.
If the students wrote "My life flows on in endless trash," that would be direspectful of the intent of the song.   Those words would be the "parody" that John Howell speaks of.   
If they wrote "The sun give us its' endless light" you would be keeping it within the folk tradition.   Folk music and folk hymns are living things, evolving, changing.   We are guardians of these traditions.   
 
The legal issue regards songs that are copyrighted.   We get into trouble when we assume that songs are public domain when they are not.   Someone went up to Jean Ritchie and said they had sung a published arrangement of a beautiful folk song that she had recorded called "Now is the Cool of the Day."   Jean Ritchie said, "I actually wrote that song," and the other woman said, "No, it's an old folksong."
Nick Page
on May 23, 2012 11:12am
Nick & Jessica:  OK, this sent me to Wikipedia (which is, of course, always correct!!!).  And it's actually quite an interesting history, with a lot of misinformation picked up along the way.
 
"How Can I Keep From Singing?" (also known by its incipit "My Life Flows On in Endless Song") is a Christian hymn with music written by American Baptist minister Robert Wadsworth Lowry. The song is frequently, though erroneously, cited as a traditional Quaker hymn. The original composition has now entered into the public domain, and appears in several hymnals and song collections, both in its original form and with a revised text."
 
So Jessica, no question that the tune and the ORIGINAL words are public domain and you may do whatever you want with them.
 
"Doris Plenn learned the original hymn from her grandmother, who reportedly believed that it dated from the early days of the Quaker movement. Plenn contributed the following verse around 1950, which was taken up by Pete Seeger and other folk revivalists:[2]
When tyrants tremble, sick with fear,
And hear their death-knell ringing,
When friends rejoice both far and near,
How can I keep from singing?
In prison cell and dungeon vile,
Our thoughts to them go winging;
When friends by shame are undefiled,
How can I keep from singing?"
 
 
So THOSE words are still protected by copyright.
 
"Pete Seeger learned a version of this song from Doris Plenn, a family friend, who had it from her North Carolina family. His version made this song fairly well known in the folk revival of the 1960s. Seeger's version omits or modifies much of the Christian wording of the original, and adds Plenn's verse above. The reference in the added verse intended by Seeger and by Plenn - both active in left-wing causes - is to 'witch hunts' of the House Un-American Activities Committee (Seeger himself was sentenced to a year in jail in 1955 as a result of his testimony before the Committee, which he did not serve due to a technicality). Most folk singers, including Enya, have followed Seeger's version."
 
Which means that Pete's version was not his own words, unless he made folkisth changes in Doris's words.
 
And for finding it in print, this:
 
"In the late 1970s and early 80s, How Can I Keep From Singing was recorded by Catholic Folk musician Ed Gutfreund (on an album called "From An Indirect Love"), and the music was published in a widely used Catholic Hymnal called "Glory and Praise," and was popular among Catholic liturgical music ministers, especially those who used guitar. In this, and in an 1993 recording by Marty Haugen, Jeanne Cotter, and David Haas, the quatrain beginning: "No storm can shake my inmost calm..." is used as a repeated refrain."
 
All the best,
John
on May 23, 2012 11:20am
Actually, while it may have appeared in a Quaker hymnal, it is actually written by Robert Lowry -- at least he claims the music.  The words were not attributed in his hymnal, (see Wikipedia article for more than you wanted to know).  Bottom line, everyone else has written new stanzas for it, why not you?
 
Chuck Jonah
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