What Songs Are In The Public Domain?

Music is one of the most widely shared and celebrated forms of creative expression. But if you want to use songs for performances, recordings, videos, or other projects, it’s essential to know which songs are in the public domain. Using copyrighted songs without permission can lead to legal issues, while public domain songs are free to use without licensing fees. In this guide, we’ll explore what it means for a song to be in the public domain, how to identify such songs, and provide practical examples.

What Does Public Domain Mean for Songs?

A song is in the public domain when its intellectual property protections have expired or never existed, meaning anyone can use it freely without obtaining permission or paying royalties.

Key Points:

• Lyrics and melody can be in the public domain separately from recordings.
• Modern recordings or arrangements may still be copyrighted, even if the original song is public domain.
• Public domain status varies by country, but in the United States, works published before 1928 are generally public domain.

Important: Just because a song is old doesn’t automatically make all recordings public domain. You can create your own version freely, but using a copyrighted recording requires permission.

How Songs Enter the Public Domain

1. Age of the Work
   • In the U.S., a song published before 1928 is in the public domain.
   • Works published after that are generally protected for the life of the composer plus 70 years.
2. Unregistered or Forfeited Copyright
   • Songs that were never properly copyrighted or whose copyright was not renewed may also be public domain.
3. Government Works
   • Songs created by U.S. federal government employees as part of their official duties are automatically public domain.
4. Creative Commons/Public Release
   • Some composers deliberately release songs into the public domain or under licenses that allow free use.

Types of Songs Commonly in the Public Domain

1. Traditional Folk Songs

• Often passed down orally over centuries.
• Examples:
  • Scarborough Fair
  • Greensleeves
  • Barbara Allen

2. Classic Holiday Songs

• Many early Christmas carols are public domain.
• Examples:
  • Silent Night (1818)
  • Jingle Bells (1857)
  • We Wish You a Merry Christmas (16th-century English origin)

3. Patriotic Songs

• National anthems and older patriotic songs often fall in the public domain.
• Examples:
  • The Star-Spangled Banner (1814)
  • America the Beautiful (1895)

4. Classical Compositions

• Works by composers who died more than 70 years ago.
• Examples:
  • Beethoven’s Fur Elise
  • Mozart’s Eine kleine Nachtmusik
  • Bach’s Air on the G String

5. Early 20th-Century Popular Music

• Songs published before 1928 are public domain.
• Examples:
  • Take Me Out to the Ballgame (1908)
  • After the Ball (1892)

How to Identify Public Domain Songs

1. Check the Publication Date
   • Songs published before 1928 in the U.S. are usually public domain.
2. Look for Copyright Notices
   • Older sheet music may indicate whether copyright was renewed.
3. Consult Public Domain Music Libraries
   • Trusted sources include:
     • Project Gutenberg (lyrics)
     • IMSLP (classical sheet music)
     • Public Domain Information Project
     • Free Music Archive
4. Verify Modern Arrangements
   • Even if the original melody is public domain, modern arrangements may still be copyrighted.

Using Public Domain Songs Safely

1. Create Your Own Recording

• Record a performance of a public domain song to use freely in videos, social media, or projects.

2. Avoid Copyrighted Versions

• Do not use recordings or arrangements by other artists unless they are explicitly public domain or licensed.

3. Adapt or Remix

• You can make derivative works, such as remixes or modern arrangements, using public domain songs.

4. Credit the Original Song

• While not legally required, crediting the original composer or noting “public domain” is good practice.

Benefits of Using Public Domain Songs

• Cost Savings: No licensing or royalty fees.
• Creative Freedom: You can perform, record, and adapt freely.
• Legal Safety: Eliminates the risk of copyright infringement.
• Historical and Educational Value: Great for schools, museums, and learning projects.

Examples of Well-Known Public Domain Songs

Song	Year	Notes
Take Me Out to the Ballgame	1908	Public domain; original composition only
The Star-Spangled Banner	1814	Melody and lyrics public domain
We Wish You a Merry Christmas	16th century	Traditional carol
Silent Night	1818	Original composition public domain
Greensleeves	16th century	Traditional English folk song
Jingle Bells	1857	Original composition public domain
Beethoven’s Fur Elise	1810	Classical composition public domain

Summary

• Public domain songs are free to use, adapt, and record without permission.
• Songs typically enter the public domain due to age, government creation, or deliberate release.
• Traditional folk songs, classical compositions, patriotic songs, and early 20th-century music often qualify.
• Always verify publication dates and modern arrangements before using a song.

By using public domain songs, creators, educators, and performers can legally harness a wealth of musical history without worrying about licensing fees or copyright infringement.