THE carol singers of Kilmore Quay, Co Wexford, who perform a unique set of 17th century carols in their church tonight, had better be wary for the first time since these hymns were first sung nearly 200 years ago in the quiet Wexford village, both the choir and the church may be liable for copyright.
The 13 hymns, one for each day of Christmas and a spare, were written by Father Luke Wadding in the 17th century and have been sung there ever since over the Christmas period.
The words of the carols have been carefully passed down orally from generation to generation of six local families who work the sea for their living. The choir is made up of six singers. The best known of the families involved have been the Devereauxs and the Goldens.
However, in recent years the carols have been recorded on disc and tape by other artists and that has brought this unique music to the attention of the Irish Music Rights Organisation.
Over the past few years IMRO has been carefully monitoring not only recorded music in public places but live sessions of traditional music and song, much to the annoyance of the performers.
It has attempted to prove that arrangements of music played at live sessions, but recorded by other musicians should be paid for.
According to writer and traditional musician Fintan Vallely the new regulations which IMRd is attempting to impose is causing major controversy in traditional music circles.
Technically, because some of the Kilmore Quay carols have been recorded by other artists, they may be subject to copyright. Though the copyright on an original piece of music may have expired, it is possible to claim copyright in a new arrangement of the original.
"The church there could find it self liable to pay IMRO performing rights money if it can prove that the arrangements used are the same as on the recordings," he said.
He added that traditional musicians and singers are very concerned about the extension of these regulations to live music.
There had been instances of IMRO agents attempting to tell traditional musicians that they were playing arrangements of tunes which had been recorded by other musicians, he said, but this was a nonsense because in traditional music each tune was played differently by each individual.
It is not known if IMRO agents will be at midnight Mass in Kilmore Quay tonight. But if they are, they will certainly not be bringing tidings of joy to the people of Kilmore and their pastor.