When Does Music Become Public Domain?

When music becomes public domain depends on the song, artist, and copyright. Musical works published up to 1928 entered the public domain on January 1, 2024. Music published under a Creative Commons license could also be inside the public domain, but it’s important to check the details before you use it. 

Sometimes, the artists waive copyright protections as soon as they release the songs to the world. Sometimes, the protections expire after years of producing income for the copyright holders.

Music in the public domain is no longer protected by copyright and belongs to the general public—the rights no longer belong to the original creator so the songs can be used by anyone without asking for permission.

What Is Public Domain Music?

Copyright laws define public domain music as compositions and musical recordings that are no longer protected by copyright, having expired, been forfeited, or been waived.

This means anyone can use, copy, or modify the work without asking permission or paying royalties. In most cases, music enters the public domain when the copyright expires, which is determined by the laws of the country where it was created. This may not be true of every version of the song. For example, if an artist records a new arrangement of a piece of public domain music, that specific recording may be considered intellectual property. However, the original song remains in the public domain.

It’s important to note that not all works automatically become public domain once the copyright ends. Laws about copyright duration, extensions, and renewals can affect when a song enters the public domain. Some creators even release their music directly into the public domain, allowing people to use it freely from the start. Understanding these rules helps ensure you’re using music legally and responsibly.

Newer types of public domain artworks like Creative Commons licensing have increased access to music for producers and business owners.

Is Music with a Creative Commons License Under Public Domain?

Music with a Creative Commons license is not automatically in the public domain, but it can often be used freely under certain conditions. Creative Commons licenses allow artists to specify how others can use their work, such as for non-commercial purposes, with proper credit, or without making changes to the original. 

Some licenses, like CC0, place the work into the public domain, allowing unrestricted use. However, other types of Creative Commons licenses may still have limitations, so you’ll want to review the terms before using the music.

Factors That Determine When Music Enters Public Domain

The timeline for music to enter the public domain depends on several key factors, including copyright laws and the date of the work’s creation. Understanding the following factors can help you determine when a song becomes free to use:

• Date of Publication: Older works are more likely to be in the public domain. In the U.S., works published before 1924 are generally public domain.
• Country of Origin: Copyright laws vary by country, and the rules for public domain differ worldwide.
• Copyright Duration: In the U.S., copyrights often last the life of the creator plus 70 years, but this can vary.
• Renewals and Extensions: Some works remain under copyright longer due to extensions or renewals granted under past laws.
• Government or Public Ownership: Music created by government employees or explicitly released into the public domain is free to use immediately.‍
• Purpose of the Work: Some creators release their works into the public domain voluntarily, allowing anyone to use them without restriction.

How Long Does Copyright Law Last for Music?

Generally, any song or musical work published in 1928 or before in the U.S. is in the public domain. However, the rules regarding compositions are different from those involving recordings, and special rules can apply.

This chart can help you see when songs enter the public domain by their date:

Why Public Domain Matters for Businesses and Creators

Public domain music offers businesses and creators a way to legally use songs without the hassle of licensing fees or copyright concerns. It allows businesses to create the perfect atmosphere with classic tunes and lets creators add music to projects like videos, ads, or presentations without worrying about permissions or legal risks. Using public domain music can save money, time, and stress while encouraging creativity and accessibility. 

Here are some of the main reasons public domain music is important:

• Cost Savings: Public domain music is free to use, helping businesses and creators avoid expensive licensing fees.
• Legal Simplicity: No permissions or contracts are needed, reducing the risk of copyright infringement.
• Creative Freedom: Anyone can modify, remix, or repurpose public domain works without restrictions.
• Accessibility: Public domain music is available to everyone, supporting equal opportunities for creators of all kinds.
• Historical Value: Businesses can use timeless classics to create a nostalgic or sophisticated ambiance.‍
• Global Availability: Public domain music is often usable worldwide, bypassing the need to navigate varying copyright laws.

How Can I Find Songs in the Public Domain?

If you are interested in determining if a song you like is in the public domain, two tools can help.

1. Access PD Info or our similar list of public domain music, and put the name of the song you want to use in the search bar. If the recording of the song shows up in search results, it is part of the public domain.

2. Search for the song via YouTube. Look for the official song as released by the artist, and read the notes to determine if it’s been copywritten.

However, you may not be interested in using public domain music. Instead, you want access to high-quality, trendy, and recognizable songs that your customers will love. Rather than worrying about music copyright laws, sign up with a commercial music streaming service like Pandora CloudCover. Try it free for 14 days. Terms and conditions apply.

Examples of Popular Songs in the Public Domain

Here are some timeless songs in the public domain that work well as background music for businesses:

• "Fur Elise" by Ludwig van Beethoven: A calming classical piano piece ideal for creating an elegant atmosphere.
• "The Blue Danube" by Johann Strauss II: A lively waltz perfect for adding sophistication to cafes or restaurants.
• "Clair de Lune" by Claude Debussy: A dreamy and gentle piano composition suited for spas or boutiques.
• "Boléro" by Maurice Ravel: A slow-building orchestral piece that works well for high-end retail or art galleries.
• "The Entertainer" by Scott Joplin: A cheerful ragtime tune that adds a vintage feel to bakeries, diners, or antique stores.
• "Moonlight Sonata" by Ludwig van Beethoven: A soft and contemplative piece ideal for bookstores or quiet lounges.
• "Maple Leaf Rag" by Scott Joplin: A fun and upbeat ragtime piano song that livens up casual dining spaces or retro-themed shops.
• "Canon in D" by Johann Pachelbel: A classic wedding piece that works beautifully in floral shops or bridal boutiques.
• "William Tell Overture" by Gioachino Rossini: A dramatic orchestral piece that adds energy to larger retail spaces or event settings.
• "Gymnopédie No. 1" by Erik Satie: A minimalist and relaxing piano tune suited for spas, waiting areas, or yoga studios.

These songs can enhance your business environment while offering a legal, cost-effective way to play music without copyright concerns.

References

Copyright and Public Domain. The University of Chicago Copyright Information Center.

US Copyright & Music. University of Houston Libraries.

List of Public Domain Music. Public Domain Information Project.