In some countries, music is considered public domain fifty to seventy-five years after the composer's death. In other countries, such as the United States, music published in 1925 or earlier is considered public domain. 

In the United States, any song published before 1925 is in the public domain and does not require licensing for use. Although, where musical compositions are considered public domain (if published in 1925 or earlier), sound recordings are not eligible for public domain status until 2021–2067 (depending on the publishing date and location). So, any new arrangements of a public domain song may require permission if played from copyrighted sheet music.

What is public domain?

‘Public domain’ is a title given to creative works, including music, to which no exclusive intellectual property rights apply. These works no longer have copyright protection and are therefore not subject to copyright laws.

There are several ways music can be classified as public domain:

• If all rights holders agree to waive their rights.
• If the original publishing date predates all copyright laws or is ineligible for copyright protection.
• If the original copyright has expired.

As we know, the public domain classification applies to any song published before 1925 in the U.S. Musical compositions published after 1925 become public domain 70 years after the death of the final contributing composer.

What is the difference between musical compositions and sound recordings? 

• Musical Compositions - sheet music, other compositions and Songtradr Copyright ownerships 
  • A musical composition refers to the melody, musical notes, and lyrics created by a composer, and includes sheet music. Learn more about Copyright ownership. 
• Sound Recordings - audio files, CDs, records and Songtradr Master ownerships
  • A sound recording refers to, you guessed it, the recording. This is the music you hear on a vinyl record, CD, cassette tape, audio file, or anything that can be played back on demand, such as a streaming service. Again, here’s a link to our Master ownership page.

How can I tell if a song is in the public domain?

There are many ways to confirm if a song is in public domain i.e. Wikipedia, PDInfo.com, CPDL.org and Cyberhymnal.org.

For example, if you search using Wikipedia make sure to add the word "song" at the end of the song title. For example, if you want to search for the song "Georgia On My Mind" by Ray Charles, enter the search phrase "Georgia On My Mind Song" to help you locate the year the song was published. If the publication date is before 1925, the song is likely to be in the public domain. It is extremely important for you to do thorough research about public domain music before embarking on a recording project.

Do I need a license to record a cover version of a song that is public domain?

Generally, no, you do not need a license to cover a song that is in the public domain. 

However, you should be aware that sound recordings—which are different from musical compositions—are not eligible for public domain status until 2021–2067 (depending on the publishing date and location). This means that any new arrangement of a public domain song may be considered a new composition and requires permission for use of that new composition. Learn more about Master ownership.

If a Songtradr user inaccurately claims public domain for their music, when it is actually a cover, the user would be liable for any royalties owed to the copyright holder. The amount of royalties due to the copyright holder would be decided at the time of settlement. 

What about holiday songs?

It is not uncommon for a Songtradr buyer to request a sync-license (Music Wanted) for holiday music from our users. As mentioned above, any new arrangement of a public domain song may be considered a new composition and requires permission for use of that new composition.

Some commonly used holiday songs in public domain include: 

If you’re unsure how to assign public domain within a Songtradr upload, please contact our Support team so they can best assist you. Submit a Request at the top of this page or email support@songtradr.com.

What if I tag my Songtradr upload as public domain when it's a cover?

Our system helps protect and connect artists’ rights, making music licensing more streamlined and simple with any payments and benefits being attributed to the correct parties. In addition, it is illegal to reproduce, perform, distribute, monetize or create a new version of someone else’s music without proper licenses and/or documentation. 

Once Songtradr is notified of any inaccurate ownerships, we reserve the right to review all uploads and/or deactivate the account until all claims have been resolved between the user and our Rights Check Department. 

Each individual country will determine their public domain rights and the information below is subject to change due to the laws of the country where your ensemble is based. 

Please see the list below or click here for all details regarding copyright durations by country.

To learn more about public domains, click here. Or, if you'd like to distribute a public domain Single/EP/Album with Songtradr, click here.