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Just because the original singer may be dead does not mean the record company / family is also all gone and they would be the ones that get paid usually.
You know anything about it?
Unless it was done before 1972 and in that case they are protected until 2067 it seems.
EU and Canada have quite flat 70 years protection.
Copyright ownership can be bought, sold and inheirited.
To get a liscence to use their music, Bethesda may contact the producer of the track or a decendant of the original author, dependant on who owns the copyright.
On a side note, bethesda just lost the rights to some of the music for NV or FO3 ( I don't remember which) and had to remove a bunch of them. Same thing with GTA. . .
LOL... this comment did not age well.