Is This Land Is Your Land Public Domain ?

This Land Is Your Land is one of the most iconic American folk songs, written by Woody Guthrie in 1940. Frequently performed in schools, concerts, and public events, it is often assumed to be free to use. But is This Land Is Your Land actually in the public domain? Understanding its copyright status is crucial for musicians, educators, content creators, and anyone looking to use the song legally. This guide breaks down the copyright history, current legal status, and practical advice for using the song safely.

What Is Public Domain?

Before addressing the song specifically, it’s important to understand what “public domain” means:

• Public domain refers to works that are no longer under copyright protection or were never eligible.
• Works in the public domain can be used freely for personal, educational, or commercial purposes without asking permission or paying royalties.
• Copyright expiration, forfeiture, or failure to meet copyright requirements usually leads to public domain status.

Tip: Just because a song is old or widely known does not automatically mean it is in the public domain.

Copyright History of This Land Is Your Land

This Land Is Your Land was written by Woody Guthrie in 1940 and first published in 1944. The song’s history is important for understanding its copyright status:

1. Initial Publication – The song was copyrighted in 1944 by Guthrie.
2. Renewal – In the U.S., works published before 1978 were initially granted 28 years of copyright, with the option to renew for an additional 67 years. This Land Is Your Land had its copyright renewed.
3. Current Status – Because the copyright was properly renewed, the composition remains protected under U.S. law.

Important: The song’s original lyrics and melody are copyrighted, so using them commercially without permission is not legal.

What About Recordings?

Even if the song itself were in the public domain (which it is not), recordings have separate copyrights:

• Original Recordings by Woody Guthrie – These are protected as sound recordings, which generally last 95 years from publication in the U.S.
• Covers and New Recordings – Each new recording or arrangement is separately copyrighted.
• Derivative Works – New lyrics or adaptations are also protected by copyright.

Tip: You cannot legally use someone else’s recording for commercial purposes without obtaining the proper license.

Can You Legally Use This Land Is Your Land Now?

Since the song is still under copyright protection, you must obtain proper licensing to use it legally:

1. Mechanical License – Required for recording a cover version of the song. Agencies like Harry Fox Agency provide these licenses.
2. Synchronization License – Needed if you want to use the song in videos, films, or online content.
3. Public Performance License – Required for performing the song publicly or streaming it on platforms. Organizations like ASCAP, BMI, or SESAC handle these licenses.

Pro Tip: Personal, non-commercial use (such as singing at home or in a classroom setting) is generally allowed without a license.

When Will This Land Is Your Land Enter Public Domain?

• Copyright law in the U.S. grants protection for works published before 1978 for 95 years if properly renewed.
• Published in 1944, This Land Is Your Land is expected to enter the public domain in 2039.

After that date, anyone will be able to perform, record, or adapt the song freely without licensing.

Tips for Using Older Songs Legally

1. Check Both Composition and Recording Rights – Original compositions and sound recordings may have separate copyrights.
2. Use Licensing Agencies – ASCAP, BMI, SESAC, and Harry Fox Agency help obtain legal licenses.
3. Consider Royalty-Free Alternatives – If your project is time-sensitive, look for public domain or royalty-free songs.
4. Keep Records – Always document your licensing agreements to avoid disputes.

FAQs About This Land Is Your Land and Public Domain

Q1: Can I perform this song in school or at a community event?
Yes, non-commercial performances in educational or private settings are generally allowed. For public events or monetized performances, a license may be required.

Q2: Can I use Woody Guthrie’s original recording?
No, the original recording is still copyrighted and cannot be used commercially without permission.

Q3: When will the song become free to use without restrictions?
In 2039, This Land Is Your Land will enter the public domain in the U.S.

Conclusion

This Land Is Your Land is not currently in the public domain. Its copyright is still active, covering both the composition and original recordings. Anyone looking to perform, record, or use the song commercially must obtain proper licensing to avoid copyright infringement.

Understanding the copyright status of iconic works like this ensures that musicians, educators, and content creators can use them legally while respecting intellectual property rights. Planning ahead and securing proper licenses is the safest approach until the song enters public domain in 2039.