Public Domain Explained
A work is in the public domain when its copyright has expired, been forfeited, or never applied. Public-domain works can be used, performed, and adapted by anyone without permission or payment.
How Works Enter the Public Domain
- Copyright expiry. Copyright lasts for a limited time, commonly the life of the author plus 70 years in many countries, after which the work becomes public domain.
- Very old works. Traditional folk songs, classical compositions, and hymns written centuries ago are usually public domain.
An Important Distinction: Composition vs Recording
This is where many artists go wrong. A composition being in the public domain does not mean a specific recording of it is. For example, the melody of a classical piece may be public domain, but a modern orchestra's recording of it is protected by its own master copyright.
So you can freely record your own version of a public-domain song, but you cannot use someone else's recording of it without permission.
Releasing a Public-Domain Song With InterSpace
- Record your own original performance of the public-domain composition.
- Credit the original composer where appropriate and mark the arrangement correctly.
- If you have arranged or adapted it significantly, note that your arrangement is your own work.
If you are unsure whether a song is truly public domain in your territory, check with a rights professional before releasing.