I have a few questions that have been perplexing me recently that I can't seem to find clear answers to.
In the absense of being able to find either a recording or printed music that dates back prior to 1923, how does one go about proving that a song is in the public domain?
Also, since one version of a song can be in the public domain while another version of the same song is not in the public domain, what are the bounadaries that determine what constitutes a particular version of a song? For instance, I'll Twine Mid The Ringlets is public domain, but Wildwood Flower (as done by the Carter Family) is not; yet the melodies are identical, and where the Carter Family lyrics differ from the original lyrics, it is nothing more than just as if someone had listened to a record of the original lyrics and misheard a few of the words that were being sung. So, following along these lines, while, for instance, it would seem that the melodies of tunes like Cripple Creek and Reuben are certainly public domain, to what extent does one have to deviate from a copyrighted version of these tunes (e.g., Scruggs' way of playing them) in order to be avoid copyright infringement?
Jason