Blues Music in the Public Domain

The famous bluesman Robert Johnson was born May 8, 1911 in the town of
Hazlehurst Mississippi (Bio). At an early age, he left school due to poor eyesight and
lack of interest in education (Rolling Stone), and picked up guitar. At seventeen years
old, he married Virginia Travis, but she and their baby died during childbirth shortly
thereafter. It was then that Johnson decided to take to the road. Eventually, Johnson
traveled to Helena, Arkansas where he met some of the greats like Elmore James, Robert
Nighthawk, Honeyboy Edwards, and more. He finally recorded his music in November
of 1936 for Columbia Records. Johnson died in August of 1938, at only 27 years old from
poisoned whiskey given to him by Sonny Boy Williamson, the jealous husband of a
woman Johnson had tried to rekindle a relationship with at his last performance. By the
time he died, Robert Johnson had recorded 29 songs with 41 takes that have been
rereleased by Columbia after his death in a collection titled Robert Johnson: The
Complete Recordings (Rolling Stone). Even though he lived a short life, Robert Johnson
is still one of the most influential blues composers and musicians to this day.
Robert Johnsons music has been widely debated over whether or not it is in the
public domain, and if it even should be in the public domain. There is a lot of uncertainty
regarding the origin of blues music in general, since much of it was shared and borrowed
during the time Johnson was alive and writing. Considering that all of Johnsons
compositions are his own and that they were recorded in 1936, going by the 1909
Copyright Act, one would assume that Johnsons music would have entered the public
domain 28 years after his death. This would mean that all of Robert Johnsons
compositions would have entered the public domain in 1966, since there is no record of

his renewing of the copyrights. However, in a case between Steve LaVere and ABKCO
Music, LaVere proved that Johnsons music was not in the public domain, and in fact
would be protected under copyright until 2047 (Lukasavitz).
The case was brought up because the Rolling Stones recorded versions of
Johnsons compositions Love in Vain and Breakin Down in 1969 and 1972,
respectively. Their publishing company, ABKCO Music, had wrongfully assumed that the
compositions had fallen into the public domain. Later, LaVeres publishing company
gained the rights to administer Johnsons music. After Columbia records released Robert
Johnson: The Complete Recordings in 1990, LaVere registered the copyrights under his
own publishing company in 1991. LaVere filed lawsuit in 1995 against ABKCO,
claiming that the compositions were not in the public domain, and that ABKCO had to
get licenses for the use of the music (Lukasavitz).
After some back and forth, the court ruled against ABKCO Music. It was decided
that Johnsons compositions were not in the public domain and the term of copyright had
actually begun in 1990. As in the 1978 Copyright Act, the 1909 Copyright Act states that
the term of copyright begins when the compositions are first published. However, the
1909 Copyright Act does not include the recording of phonorecords as published works.
When Columbia finally released the box set of all of Johnsons compositions in 1990,
under the 1978 Copyright Act, the songs were officially published, thus beginning the
term of copyright. Section 303(b) of the Copyright Act further protects Johnsons music
until 2047 or later (Arewa).
I believe that by law, Johnsons music is not in the public domain. Columbia
Records first released the songs to the public in 1961 in a collection called King of the

Delta Blues Singers (Lukasavitz). This still predates the 1978 Copyright Act; therefore, I
agree that the term of copyright should start in 1990. A lot of Blues musicians did not
register their works for copyright and according to the 1909 Copyright Act, unpublished
works were still protected under State Law (Lukasavitz). However, I do believe
protecting Johnsons music under copyright law until 2047 is excessive. Due to the nature
of blues music and because Johnson lived so long ago, I think that his music should fall
under the public domain, even though I agree with the laws put in place to defend it. I
believe that Johnsons music should be celebrated as a piece of history, without people
benefitting from the royalties it produces, especially because he is no longer alive to see
the great impact his music had on society.

Works Cited
Arewa, Olufunilmayo B. Seeing But Not Hearing Music: How Copyright Got (And
Didnt Get) The Blues.(2008): 40-56. Web. 29 Nov 2014.

Lukasavitz, Brian. "Blues Law: Robert Johnson vs. the Rolling Stones." American Blues
Scene Magazine. American Blues Scene, 13 May. 2013. Web. 1 Dec 2014.

"Robert Johnson." Rolling Stone. Rolling Stone, 2001. Web. 1 Dec. 2014.

"Robert Leroy Johnson." Bio. A&E Television Networks, 2014.

Web. 1 Dec. 2014.