Arirang, Album Titles, and Rights: What Creators Need to Know About Using Traditional Songs in Branding

Hook: Naming a project after a beloved folk song can unlock meaning — and legal headaches

As a creator, you want your album title or brand to carry emotion, authenticity, and discoverability. Picking a name like Arirang — a folk song many creators know from headlines in early 2026 — is tempting because it brings instant resonance. But before you build a campaign, merch line, or subscription funnel around a traditional tune, you need to answer three questions at once: Who owns the song? Is it in the public domain? And are there cultural-sensitivity or branding law risks tied to using that title?

Top-line answer (most important first)

Folk songs and traditional works are often treated as public domain in practice, but specific arrangements, modern recordings, and published versions can still be copyrighted. Meanwhile, album titles and short phrases generally aren’t copyrightable — but they can be protected under trademark and trigger cultural appropriation concerns that affect brand trust and monetization. In 2026, creators who combine legal clearances with community-first cultural practices win both revenue and reputation.

Why this matters for creators and publishers in 2026

Late 2025 and early 2026 brought more public examples — most notably major acts using traditional song titles in headline-making releases — that highlight both opportunity and risk. Platforms, music publishers, and audiences are increasingly sensitive to cultural rights and provenance. Creators that skip a baseline legal and cultural-checklist risk takedown notices, canceled sponsorships, or consumer backlash — all of which hurt discoverability and monetization.

Quick definitions for this article

• Public domain: Works free for anyone to use without copyright permission (but check country-specific rules).
• Folk song rights: The bundle of rights that may attach to traditional songs, including arrangements, recordings, and lyrics if not in the public domain.
• Licensing: Permissions you need to use a copyrighted composition or recording (mechanical, sync, master licenses).
• Branding law: Trademark and unfair competition rules that can restrict use of names, logos, and titles in commerce.
• Cultural appropriation: Using elements of a culture without proper attribution, consent, or benefit to the source community — a reputational and ethical issue, and increasingly a commercial risk.

The evolution in 2026: what’s changed and why it matters

Across 2025–2026, three trends reshaped how creators should approach traditional works:

• Higher public scrutiny — Consumers and press are quicker to call out cultural insensitivity; social virality can shrink reaction times from weeks to hours.
• Platform policy updates — Streaming services and social platforms have added guidelines recommending provenance and attribution for cultural works; some DSPs require metadata that indicates traditional sources.
• More sophisticated licensing pathways — Rights holders and cultural institutions are launching standardized licensing and co-creation programs, enabling creators to legally and ethically monetize traditional material.

Case study: The Arirang moment (what creators can learn)

When a globally prominent group named their album Arirang in early 2026, it highlighted how a traditional title can carry deep cultural meaning and drive discovery. Media coverage emphasized the song’s emotional resonance and the group’s stated intent to explore identity and roots.

“The song has long been associated with emotions of connection, distance, and reunion.”

Key takeaways from that example:

• If you share cultural heritage with the work, your use will be seen differently than if you are an outsider. That affects perception and opportunities.
• Even when a title feels public-domain, modern arrangements, liner notes, or sampled recordings may require licensing or crediting.
• Transparent storytelling about why you chose the title reduces backlash and improves monetization — brands and fans reward authenticity.

Practical, actionable legal checklist before naming an album or brand after a folk song

Follow this step-by-step checklist to reduce legal risk and strengthen your monetization strategy:

1. Research provenance
   • Search copyright registries and national databases for the song, composer, and known arrangements.
   • Check performing rights organizations (PROs) like ASCAP, BMI, PRS, KOMCA (Korea), or local PROs for ownership data.
   • Look for authoritative ethnomusicology sources and museum or cultural institute notes that document the song’s origins.
2. Confirm public-domain status
   • If the original composer is unknown or died more than 70 years ago in many jurisdictions, the composition is likely public domain — but verify for the countries where you distribute.
   • Remember: a title alone often isn’t copyrighted, but specific lyrics, arrangements, and translations can be.
3. Check for copyrighted arrangements and recordings
   • Any new arrangement (modern harmony, added lyrics) or recorded performance is usually under copyright; using those elements requires licenses.
   • If you plan to sample a modern recording or perform a specific arrangement, secure both the composition and master licenses.
4. Do a trademark search
   • Search national and international trademark databases for the song title used in music, merch, or entertainment categories. Album titles can be trademarked if used as a brand.
   • If someone else has trademarked the name for similar goods/services, you may face infringement claims.
5. Assess cultural-sensitivity risks
   • Consult with cultural practitioners and community leaders linked to the song’s origin to understand context and acceptable use.
   • Consider offering revenue-sharing, collaboration, or cultural credit where appropriate.
6. Plan licensing where needed
   • For recorded samples: get master and sync licenses.
   • For publishing uses: secure mechanical licenses and, if using in audiovisual works, sync licenses from the music publisher.
7. Document decisions and obtain written agreements
   • Keep emails, clearance memos, and license agreements in your project folder — platforms and sponsors will want to see them.
8. Draft public messaging and credits
   • Prepare liner notes or press statements that explain provenance and credit contributors; transparency reduces reputational risk.

Licenses you may need — quick guide

• Mechanical license: To reproduce and distribute a composition (like pressing CDs, digital distribution).
• Sync license: To pair a composition with video (music videos, films, ads).
• Master license: To use a particular recorded performance.
• Performance rights: For public performances or streaming via broadcasters and venues — PROs collect these royalties.
• Moral rights considerations: In some countries authors retain moral rights that can affect how a work is altered or presented.

Branding law: album titles, trademarks, and commerce

Two legal areas creators often conflate are copyright and trademark. Here’s what to remember:

• Short phrases and titles generally aren’t protected by copyright law, so you usually can name an album after a public-domain song without asking for copyright permission. But:
• If you plan to turn the title into a brand (merch, subscription clubs, tours), trademark law matters. A registered trademark can block later uses in the same commercial space.
• Even without a registered trademark, someone can bring an unfair competition claim if your use causes market confusion or trades on a brand’s goodwill.

Cultural appropriation and ethical monetization — actionable best practices

Legal clearance is necessary but not sufficient. Audiences in 2026 reward creators who invest in relationships with source communities. Here’s how to do that and protect your revenue streams:

1. Engage community partners early
   • Invite traditional performers or cultural institutions into the project as collaborators or consultants.
   • Offer fair compensation, credits, and ongoing revenue shares where appropriate.
2. Tell the provenance story transparently
   • Use album notes, video behind-the-scenes, and press assets to explain origins and your relationship to the material.
3. Create reciprocal value
   • Fund educational programs, cultural preservation initiatives, or community events tied to the traditional work.
4. Avoid exoticizing or simplifying culture
   • Steer marketing away from stereotypes; consult with cultural experts on imagery and messaging.

Monetization playbook: turn a cultural title into sustainable revenue (ethically)

Once legal and cultural steps are complete, you can safely monetize. Here are scalable, creator-focused ideas:

• Limited editions with benefit splits — Launch vinyl or merch where a portion of proceeds supports cultural preservation organizations.
• Premium experiences — Host paid live sessions or VIP events featuring traditional artists in collaboration.
• Educational bundles — Sell or gate a mini-course about the song’s history, taught by practitioners or ethnomusicologists.
• Sync and placement — If you create a new arrangement, license it for film and ad sync; a cleared, culturally endorsed arrangement can be attractive to brands.
• Subscriptions and patronage — Use membership platforms to offer exclusive access to the cultural collaborators, behind-the-scenes content, and community chats.

Sample communication templates (save time and reduce risk)

Sample outreach to a cultural organization

Subject: Collaboration request — [Project Title] exploring [Song Name]

Hello [Name],

We're developing an album/project titled "[Song Name]" that draws on the traditional song collected in [region]. We want to honor the song's history and involve community knowledge-holders in a meaningful way. Can we discuss collaboration options, attribution, and possible revenue-sharing? We aim for respectful representation and would value your guidance.

Thank you,

[Your name / Team]

Sample rights-clearance request to a publisher/PRO

Subject: Rights inquiry — composition/arrangement for [Song Name]

Hello [Rights Team],

We're planning to release a new arrangement of "[Song Name]" on [date] and would like to confirm the composition and master rights status. Please advise on the current copyright holders and licensing requirements for mechanical and sync usage worldwide.

Best,

[Your name / Label / Contact]

When to bring in legal counsel and who to hire

Get an entertainment or intellectual property attorney involved if any of the following apply:

• You’ll sample an existing recording or use a modern arrangement.
• You plan to trademark the title or build a major brand around it.
• You have cross-border distribution where rights status varies by country.
• There’s a public controversy or potential reputational risk tied to cultural claims.

An experienced entertainment lawyer will help draft licenses, negotiate splits with cultural partners, and build a contract that supports long-term monetization.

Common myths — busted

• Myth: "If a song is old, it’s free to use everywhere." Fact: Public-domain status can vary by country; arrangements and recordings remain protected.
• Myth: "Album titles are always safe." Fact: Titles can be safe from copyright but not from trademark or unfair competition claims if used commercially.
• Myth: "If I’m inspired, I don’t need to consult the community." Fact: Ethical and commercial outcomes improve when communities are consulted and fairly compensated.

Legal checklist (short printable version)

• Confirm public-domain status in distribution territories
• Identify copyrighted arrangements or recordings
• Obtain mechanical/master/sync licenses where required
• Perform trademark searches in key markets
• Consult cultural stakeholders and secure agreements
• Document all clearances and communications
• Plan ethical revenue-sharing or donations

Future predictions: what creators should expect in the next 24 months

Looking forward from 2026, expect:

• More streamlined licensing workshops and kits from cultural institutions to facilitate ethical collaborations.
• DSPs and platforms adding metadata fields and provenance labels that improve discoverability for culturally significant works — and require proof of clearance to monetize.
• Brands and sponsors demanding documented cultural-clearance or risk-assessment for partnerships — making early diligence a business advantage.

Final actionable takeaways

• Do your legal homework first: Search registers, check PROs, and confirm any modern arrangement or recording copyrights.
• Do community-centered work: Engage cultural stakeholders early and pay fairly — this reduces reputational risk and unlocks richer storytelling.
• Do clear the right licenses: Mechanical, sync, and master licenses are essential when you use non-public-domain elements.
• Do plan branding protection: Run a trademark search if you’ll commercialize the title beyond the album itself.
• Don’t rely on assumptions: Public-domain status, moral-rights rules, and cultural norms vary by country — treat each market individually.

Closing and call-to-action

Naming your album or brand after a traditional song can be a high-reward move for discoverability and storytelling — but only if you pair creativity with a concrete legal and cultural roadmap. Use the checklist above as your starting point, bring community partners to the table, and treat licensing as part of your production budget — not an afterthought.

If you want a ready-to-use version of the legal checklist and a sample clearance email pack tailored to music creators, download our free toolkit or join our next live workshop where legal experts and cultural advisors walk you through real-world clearances. Protect your art — and build a brand that lasts.

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