Were Some Early 1960s Melodies Copyrighted By Dylan Created By Other Folks?

If you check out some of the "Bob Dylan" songbooks that were first published in the early 1960s, you'll notice that the authorship of the "words and MUSIC" of the songs included in the songbooks are claimed by "Bob Dylan" and copyrighted by Dylan and his publisher. Yet as Micharel Gray noted in his 2006 book, The Bob Dylan Encyclopedia:

"In Patrick Humphries' 1984 interview with the Clancys, Paddy [Clancy] suddenly offers this...story about Dylan..: `You want to know where Dylan got his stuff? There was a little folk club here in London, down in the basement; we sang in it one night...Anyway, Al Grossman paid somebody and gave them a tape-recorder, and every folk-singer that went up there was taped, and Bob Dylan got all those tapes...' And Liam [Clancy] agrees with this, adding: `Yes, and the tune of `Farewell] [a song Dylan copyrighted in 1963 and is included in his official songbooks]...whoever was singing harmony was closer to the mike than the guy singing melody, and when [Dylan] wrote his version, he wrote it to the harmony not the melody line.'

"...The songs he probably took specifically from hearing the Clancy Brothers and Tommy Makem performing live are: the traditional `Brennan on the Moor,' which becme his `Rambling Gambling Willie' [copyrighted 1962]..' the traditional `The Parting Glass', which mutated into `Restless Farewell'...and the...tune Dominic Behan used for his song `The Patriot Game', which the Clancys sang and from which Dylan...created `With God On Our Side.'

In response to a 1976 query about Dylan's use of the melody of Dominic Behan's "The Patriot Game" song from the late 1950s for Dylan's early 1964 recording of "With God On Our Side," Dominic Behan wrote the following in a January 31, 1976 letter from Happendon, Douglas in Lanark, Scotland:

"Thank you for the interest you are showing in my song, `The Patriot Game". Some years ago I tried to get Dylan to settle the matter as one artist to another. I rang him at an hotel in London where he had been living then. Dylan's reaction was that I didn't have the resources to take any legal action against him, and he therefore replied, `Get lost, bum! The songs I write make other people's attempts at art good.'

"Mr. Dylan was, of course, correct in his view of my financial state. I couldn't take him to court, and, my publishers in America, `The Richmond Organisation', think the whole matter too costly and not worth the candle.

"I wrote the song (words and music) on the 1st January, 1957, after Feargal O'Hanlon had been shot dead the night previously.

"Thanks very much for your interest, though, when dealing with folk as ruthless as Mr. Dylan, I doubt if you and the other honest people around can do a lot of good.

"Thanks anyway and best wishes,

"Dominic Behan."

https://youtu.be/ME6PwThp-80

Patriot Game - Dominic Behan

Joan Baez - With God On Our Side (BBC Television Theatre, London - June ...

Revisiting Irish Rebel Folk Singer-Songwriter Dominic Behan's 1965 `Note To Young Singers'

At the beginning of his book Ireland Sings: An Anthology of Modern and Ancient Irish Songs and Ballads, which Essex Music Limited published in 1965, Irish rebel folk singer-songwriter Dominic Behan included the following "Note To Young Singers:"

"Historically, collectors of folk material, like Sharpe, Herd, Ord, Child etc. have made significant contributions to the preservations of folk-lore. But, to imagine--as some people would have us believe at present--that balladry is in itself worth of study in an abstract art sense, is a foolish and undesirable premise. That everything in relation to folk song must be limited to the purely `Ethnic', with no allowance for the day to day changes which are a feature of any society is tantamount to asking us for our signature on a death warrant for folk-lore. Above all, it is asking us to sing with an academic tongue in cheek, and, before we bawl our heads off, we must find out why. It is enough to prevent young people from making their own songs...

"All this emphasis on `Folk knowledge,' `Ethnic approach' etc. is hindering the young singer. It is educating him/her into the phony accent, the idiomatic restrictive, and the world where song is no longer something to have on one's lip, but a kind of mysticism related only to the professorial and ultra academic. Forget the `Folk pundit'. Open your mouth, and, whatever your voice is like, sing! And to hell with the `Ethnicists'. Folk-song is not the special preserve of the few, but the undeniable heritage of the many."

And in the "Notes On Some Song Makers Of The Past," that he included in the same songbook, Dominic Behan also wrote the following:

"In this collection of traditional and contemporary songs the urban may tend to outweigh the rural tradition somewhat. This is because I have deliberately tended to include only songs from the countryside written earlier than the nineteenth century. Poor, wailing songs, and songs of love, inspired chiefly by Thomas Moore's success as a 19th-century court jester, are not for me. If you put your hands up to Heaven in despair at my occlusion of `Maire my Girl' or `My Mary of the Curling Hair', I can only suggest that there are plenty of recordings of this type of song made by the type of lyrical tenor likely to sing them...

"When Tomas Moore was eighteen years of age he was nearly charged alongside Robert Emmett with sedition in 1798. He wrote two pieces--anonymously--for `The Press', a highly revolutionary paper, and his Mother heard about it. She made Tom promise never again to do the likes. He kept his promise; indeed, he went further, he made a point of dedicating his translation of the `Odes of Anacreon' to the Prince of Wales...

"Before [Lord] Byron died, he entrusted his memoirs to Moore for posthumous publication. That Byron had given them to Moore's care as a friend no more worried Tommie than the sanctity of the songs he took from Ireland's folklore and so bowdlerized. At the behest of Lord Byron's relatives he burned the manuscripts in their presence. Emmett had been hanged drawn and quartered and his headless remains dumped, forty-nine years before Moore died peacefully in 1852..."