Robert Fisher

Just thinking out loud

Edelweiss

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Let me be clear that, despite any other opinions on this issue, I think it is wise for churches to not use the Edelweiss melody. Though it may be interesting to consider the details of the issue, from both a legal & a moral (Matthew 22:39) standpoint, it may be better to err on the side of not using it.

I have a few problems with the claims that it is illegal to use the Edelweiss melody with other words.

  • Reproductions or performances of the lyrics without the melody are not vigorously prosecuted.
  • Reproductions or performances of the melody with no lyrics are not vigorously prosecuted.
  • In the US, music is subject to compulsory license. Composers & lyricists have the right to be paid for their work, but they cannot prevent the use of their work.
  • There is an explicit exception in US copyright law for music performed as part of a religious service.
  • I suspect the claim that “the copyright laws [...] state that original works may not be used in any manner inconsistent with the creators’ intentions” is bogus.
  • “...the copyright on his music and Hammerstein’s text were inextricably and legally joined...” This is true. Furthermore, there are no provisions for paying (compulsary license) royalties for either the melody alone or lyrics alone. It is quite a leap, however, from that to: “...by law neither the text nor the music of that song could be legally used without the exclusive presence of the other.” (I pay for an entire book, although I may only read one chapter. The fact that the whole book is a single entity for the purposes of copyright doesn’t require me to only read the entire book rather than just a part of it.)
  • Derivative works... ?

Note that the primary issue is performance. Some accompanists might copy the Edelweiss melody without paying (directly or indirectly) any royalties. Most often, though, the only written material is the benediction lyrics, “to the tune of Edelweiss”, & possibly chords for the accompanist. (Chord progressions are not covered by copyright.)

Indeed, the Edelweiss benedictions actually increased the market for legal, royalty-paying Edelweiss sheet music, as many accompanists bought the sheet music in order to play the benediction.

Though it would seem obvious that Rodgers was more concerned about artistic considerations than monetary ones. I’ve never, however, understood putting constraints on other artists for artistic considerations.

(Did Rodgers & his collaborators have Twain’s permission to adapt A Connecticut Yankee in King Arthur’s Court into a musical? Regardless of who “held” the copyright or whether it had passed into the public domain.)

last updated 10 days ago #