skip navigation links

Research > Guides > Music Copyright > When is Music in the Public Domain

When is Music in the Public Domain?

"Especially in the case of musical works, one must be cognizant of generally two (and perhaps more) copyrights applicable to each work. A new composition is a copyrightable work, with its individual duration of protection; the recorded performance of that work is yet a new copyrightable work, and it will generally have a separate calculation for the term of protection." - Kenneth E. Crews, Professor, Indiana School of Law - Indianapolis

What is the public domain?

When songs and other musical compositions are in the public domain, this means that they may be freely copied, republished or distributed, recorded, or performed without paying royalties to a publisher or other copyright holder. Music published in 1922 and earlier in the US is public domain, and may be freely used, since these works are no longer protected by US copyright laws. A common misconception is that the Internet is public domain.

When Works Pass into the Public Domain is a useful guide for understanding publication dates and copyright laws. Look in a music score for the copyright date and then look at the published works section of the public domain chart. If published in 1922 or earlier, without two dates in the music score indicating a copyright renewal (1922 c.1945), the music falls within the public domain and there are no conditions attached to use in the United States.

Music published between 1923 and 1978 without a copyright notice may also be in the public domain, but copyright status should be verified with the U.S. Copyright Office. Refer to the bibliography of books and websites for more about music in the public domain, and the information in how to request permission to use copyrighted works.

Public domain music may be subsequently republished, and under copyright protection in a new score or recording (look for two copyright dates in a piece of music that shows copyright renewal).

How can I find CDs (or other types of recordings) in the public domain? Look on the liner notes for a copyright statement that the music can be copied for other uses without royalty fees. Most recorded music is copyrighted, and requires permission from the recording company.

Example of Public Domain CD: The Extreme Music Library is an example of a CD series at the Multnomah County Library can be copied for educational/non-profit uses in new recordings, as follows: "...The conditions of sale allow use of the music in perpetuity in not-for-profit, educational audio, video, and film productions without further change" - from the liner notes of The Best Promos in the World...Ever

Find the whole series: Search by author for Extreme Music Library (24 CDs of different kinds of music)

Example from the internet: Creative Commons- Creative Commons is a nonprofit organization on the Internet that offers a flexible copyright for creative work. Artists who have decided to share their works register with Creative Commons, making their creative works available to for others to use. Search by music or other category.

How to find public domain music scores in the Library:

Example: the tune Arkansas Traveller

This is a collection of public domain music in a copyrighted score: The Folksong Fake Book : a Collection of 1000 Folksongs from Around the World. Milwaukee, WI : H. Leonard Corp., c2000. Multnomah County Central Library: M-784.4 F666

Question: Why is this under copyright when the song itself is in the public domain?

Answer: Among possible reasons: this book may have an arrangement of the song or appear in a particular format, such as a shortened fakebook form. The publisher may also claim copyright for this book as a collection of particular songs, a new compilation.

To find a version of the "Arkansas Traveller" in a score that is definitely in the public domain, find the music in a songbook published before 1923, such as this one below:

This is a public domain collection of music: the book was published in the US before 1923:

Dance music the whole world plays, containing more than ninety standard and modern dance compositions, selected and ed. by Albert E. Wier. New York [etc.] D. Appleton and company [c1917] Multnomah County Central Library: M-786.46 W64

How is this score different from the Folksong Fakebook above? This collection was published in 1917, and falls in the pre-1923 rule for date.

At the Multnomah County Central Library there are many music scores in the public domain, due to donations of music from Portland residents that date from the early years of the 20th century.

How to find lists of songs published before 1923: These books below list songs and instrumental music in the public domain. Ask for these titles at the Multnomah County Central Library, Art and Music Section, 3rd Floor Reference Desk:

To find a piece of music from these lists in the Multnomah County Library, search the Library Catalog as a contents search (table of contents). In the search result, look for call numbers beginning with the call number M-780's for printed music. If you find a score published in 1922 or earlier, this copy of the music is in the public domain in the United States with no further verification needed.

Questions about music materials? Send your question to Ask Us!