What Is Copyright?
Authors own the exclusive rights to their compositions. This is called a copyright, and the composition is protected for many years--even if the copyright is never registered with the copyright office. A composition is considered to be "intellectual property" The copyright may be sold, transferred, or inherited--but the copyright still endures. If any music or lyrics are still under copyright protection
* you CANNOT reproduce the music or lyrics
* you CANNOT distribute the music or lyrics either for free, for no profit, or for profit
* you CANNOT perform the music or lyrics in public
* you CANNOT play a recording of the music or lyrics in public--even if you own the CD
* you CANNOT make a derivative work or arrangement for public use in any form
Legally a copyright means that a musician, author, or artist has a "limited duration monopoly" on anything he creates. The US Constitution grants the government power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." (Article 1 Section 8, US Constitution). To legally enforce an author's claim to his copyright, his work must be registered with the copyright office. Registering a composition provides public notification of copyright, and you cannot use the composition publicly unless you pay royalties--which can be substantial. If you use a song under copyright without the owner's permission, you are subject to legal repercussions.
What is Public Domain?
Fortunately, copyrights eventually expire and the owner has no exclusive rights. Also some composers renounce their copyright and give their music or lyrics to the public, either during their lifetime or at their death. All compositions which are not protected under copyright law are said to be in the public domain. If you can prove that a composition is in the public domain, you can arrange, reproduce, perform, record, or publish it. But you cannot just "know" a song is in the public domain or just "see" the name of the song in a book or on a list. You should use a public domain composition only if you have proof of public domain from a legitimate source.
WHEN U.S. WORKS PASS INTO THE PUBLIC DOMAIN
By Lolly Gasaway University of North Carolina
Definition: A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone. The reasons that the work is not protected include: (1) the term of copyright for the work has expired; (2) the author failed to satisfy statutory formalities to perfect the copyright or (3) the work is a work of the U.S. Government.
| DATE OF WORK |
PROTECTED FROM |
TERM |
| Created 1-1-78 or after |
When work is fixed in tangible medium of expression |
Life + 70 years1(or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation2 |
| Published before 1923 |
In public domain |
None |
| Published from 1923 - 63 |
When published with notice3 |
28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain |
| Published from 1964 - 77 |
When published with notice |
28 years for first term; now automatic extension of 67 years for second term |
| Created before 1-1-78 but not published |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2002, whichever is greater |
Created before
1-1-78 but published between then and 12-31-2002 |
1-1-78, the effective date of the 1976 Act which eliminated common law copyright |
Life + 70 years or 12-31-2047 whichever is greater |
1 Term of joint works is measured by life of the longest-lived author.
2 Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).
3 Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act, retained copyright only if efforts to correct the accidental omission of notice was made within five years, such as by placing notice on unsold copies. 17 U.S.C. § 405. (Notes courtesy of Professor Tom Field, Franklin Pierce Law Center and Lolly Gasaway)
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