| In the Evening By the Moonlight | |
|---|---|
| 1878 - w.m. James A. Bland | |
| Verse: | In de ebening by de moonlight when dis darkies work was over, We would gather round de fire, 'till de hoecake it was done |
| Chorus: | In de ebening by de moonlight, you could hear us darkies singing, In de ebning by de moonlight, you could hear de banjo ringing |
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The lyrics, melody. and arrangement of In the Evening By the Moonlight as published before 1931 are in the public domain in the USA. However, it is a virtual certainty that video, sound recordings, and 1931 or later music arrangements of this song are under copyright protection. Only sound recordings published in 1925 or earlier are in the public domain in the USA.
If you create your own derivate arrangement based on any version of this song published after 1930 you are liable for copyright infringment on derivative works made by others. This is especially true of folk songs and spirituals. Many versions of folk songs, spirituals, and some popular songs as known today are actually derivative works under copyright that were created from PD songs often quite different from well known versions today.
THE ONLY WAY to know precisely what lyrics and melody are in the public domain is to obtain a Sheet Music Publication with a Copyright Date of 1930 or earlier. You then work from the PD publication to create and copyright your own derivative work.