When Does Music Become Public Domain?
Public domain music isn’t protected by copyright laws. Sometimes, the artists waive those rights as soon as they release the songs to the world. Sometimes, the protections expire after years of producing income for the copyright holders.
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.
What Is Public Domain Music?
Public domain music covers several types of compositions and musical recordings in which the claim to intellectual property has either expired, been forfeited, or been waived.
Most people recognize the term public domain in reference to published works, including sheet music or musical recordings, which once were protected by copyright, but the copyright expired several decades after the artist’s death or a considerable length of time after the work’s creation. However, newer types of public domain artworks like Creative Commons licensing have increased access to music for producers and business owners.
Once copyright expires on a work like a recorded song, you can use it for any purpose without paying the publisher, the artist, or another institution.
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.
Copyright Law in the United States
In the United States, copyright laws protect intellectual property for artists, producers, and publishers, so they can receive fair compensation for their labor. These laws have been updated several times to prevent copying of sheet music without attribution or payment, to prevent illegal recordings of recorded songs from being distributed for financial gain, and to prevent public streaming of recorded music in ways that might benefit a business without payment to the artist.
Musical authorship copyright laws cover the publication of these:
- Sheet music
- Lyrics accompanying music
- Audiovisual work
- Sound recordings, including music or sound effects
An artist or publisher who owns the copyright to a certain piece of intellectual property, like a musical composition, can choose to manage this work in any manner they wish. This includes the following:
- Reproduction of the work, including new recordings, public performances, or other copies
- Distributing copies of the work to the public, including for sale
- Creating or preparing works derivative of the original work
- Transferring ownership, leasing or lending temporary ownership, or renting a copy of the work
- Distributing the digital recording of the musical composition through any transmission method they choose
There are some types of intellectual property that cannot be copyrighted, including these:
- Ideas or concepts
- Processes, systems, or procedures
- Principles or discoveries
- Words, short phrases, slogans, titles, or names (although slogans and titles may fall under trademark protection)
- Factual information
- Works of the United States government
- Lists without originality
- Any work that is not in a fixed, tangible form, such as writing
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:
Creative Commons Licenses
More creative professionals, including musicians and composers, are publishing their works as freely available to the public under a Creative Commons license. Several license options exist, including some that waive copyright.
The six CC license options include the following:
· CC BY: This license allows for commercial use, but the creator requires credit.
· CC BY-SA: Users can modify music (including remixing) as long as the creator is attributed. Commercial use is allowed.
· CC BY-NC: This license allows for noncommercial use only, and credit must be given to the creator.
· CC BY-NC-SA: Noncommercial use is permitted, but all other formats are not. Credit must be given to the creator, but users can remix or adapt the songs.
· CC BY-ND: Users can copy and distribute the songs only in an unadapted form, and the creator requires credit.
· CC BY-NC-ND: Noncommercial use is permitted, but all other forms are not. No derivatives are allowed, and the creator requires credit.
Creative Commons also provides a CC0 tool, which the company defines as a public dedication tool. Songs with this designation are within the worldwide public domain and can be distributed, remixed, adapted, and otherwise used in any way with no restrictions.
While this is not strictly in the public domain, the Creative Commons nonprofit organization allows for creative individuals to share their work for free.
The Creative Commons website has a search feature, so you can find songs or compositions that can be used for free.
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, 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. Terms and conditions apply.
Sources
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.
Copyright Term and the Public Domain in the United States. Cornell University Library.
Homepage. Creative Commons.
About CC Licenses. Creative Commons.