Is Somewhere Over The Rainbow Public Domain ?
Somewhere Over The Rainbow is one of the most iconic songs in music history. Famously performed by Judy Garland in The Wizard of Oz (1939), it has inspired countless covers, renditions, and adaptations. If you’re wondering whether you can use, perform, or record this song freely without legal issues, understanding copyright law and public domain rules is essential. This guide provides a clear explanation of whether Somewhere Over The Rainbow is in the public domain, its copyright history, and practical advice for creators.
What Is Public Domain?
Before diving into specifics, it’s important to understand what “public domain” means:
- Public Domain refers to creative works that are not protected by copyright law.
- Works in the public domain can be used freely for personal, commercial, or educational purposes without obtaining permission or paying royalties.
- Works typically enter the public domain when copyright expires, is forfeited, or is never eligible for copyright protection.
Tip: Just because a song is old doesn’t automatically mean it’s public domain. Copyright rules vary based on publication date, authorship, and changes in copyright law.
Copyright History of Somewhere Over The Rainbow
Somewhere Over The Rainbow was written by:
- Music: Harold Arlen
- Lyrics: E.Y. “Yip” Harburg
It was first published in 1939 as part of the MGM movie The Wizard of Oz.
Key Copyright Details:
- Initial Copyright Term
- Works published in the United States before 1978 were granted an initial term of 28 years, with the option to renew for an additional 67 years under later amendments.
- For Somewhere Over The Rainbow, this means its copyright was renewed and is still active.
- Current Status
- Because the song was published in 1939 and properly renewed, it remains under copyright protection in the U.S.
- The copyright for the composition is set to expire in 2035 under U.S. copyright law.
Important: This applies to the musical composition and lyrics, not individual recordings, which may have their own separate copyrights.
What About Performances and Recordings?
Even if the song itself were in the public domain, recordings of the song are usually protected separately:
- Original 1939 Recording (Judy Garland) – The sound recording is also under copyright, generally lasting 95 years from publication in the U.S.
- Other Covers or Renditions – Each artist’s performance is separately copyrighted.
- Arrangements – Unique arrangements or adaptations are protected as derivative works.
Tip: You cannot legally use a copyrighted recording for commercial purposes without permission, even if the underlying song were in the public domain.
Can You Legally Use Somewhere Over The Rainbow Now?
Since the song is not in the public domain, you must obtain proper licensing to use it legally. Options include:
- Mechanical License – For recording a cover of the song. Services like Harry Fox Agency or Easy Song Licensing provide these licenses.
- Synchronization License – For using the song in videos, films, or online content.
- Public Performance License – For performing the song in concerts, restaurants, or streaming platforms. Organizations like ASCAP, BMI, or SESAC handle performance licenses.
When Will Somewhere Over The Rainbow Enter Public Domain?
- Copyright law grants protection for works published before 1978 for 95 years if renewed.
- Somewhere Over The Rainbow was published in 1939 and renewed, so it will enter public domain in 2035 in the United States.
Fun Fact: Once it enters public domain, anyone can freely perform, record, or adapt the song without permission or royalties.
Tips for Using Older Songs Legally
- Check Both Composition and Recording Rights – Remember, the song itself and individual recordings may have separate copyrights.
- Use Licensing Agencies – Services like ASCAP, BMI, SESAC, and the Harry Fox Agency help obtain legal licenses.
- Consider Royalty-Free Alternatives – If your project is time-sensitive, look for public domain or royalty-free music that is similar in style.
- Keep Records – Maintain proof of licensing to avoid legal issues.
FAQs About Somewhere Over The Rainbow and Public Domain
Q1: Can I legally cover the song on YouTube?
Yes, but you must obtain a mechanical or synchronization license if your video is monetized. YouTube’s Content ID system may flag copyrighted content.
Q2: Can I use Judy Garland’s original recording?
No, the original recording is still under copyright. You would need permission or a license to use it commercially.
Q3: When will the song be free to use without restrictions?
In 2035, the song’s composition will enter the public domain in the U.S., allowing free use without licensing fees.
Conclusion
Somewhere Over The Rainbow is not currently in the public domain. Its copyright is still active, protecting both the musical composition and the original recordings. Anyone looking to perform, record, or use the song commercially must obtain proper licensing to avoid copyright infringement.
Knowing the copyright status of iconic works like this is crucial for musicians, content creators, and educators. By understanding licensing requirements and planning ahead, you can legally incorporate this beloved classic into your projects while respecting intellectual property rights.
