Can i use the main canon melody as a part in a song in my band?

Question

it doesnt infringe copyright right? because its over 100 years old or what ever

Answer 1

yea wont hurt..

Answer 2

The basic progression must have been used hundreds of times already in a variety of guises.  Copyright infringement of the original is not an issue though you can't be so sure about the later works.  To be honest,it is most unlikely to be a problem.  If your song gets big enough that it raises the problem, you'll be able to afford copyright lawyers to sort it out.

I would have said just do it but a ludicrous decision by a court in the George Harrison  "My Sweet Lord"case throws common sense aside.

Answer 3

Yes, it's already in the Public Domain so you can use it in your song.