Resources · Public domain
Is This Song Public Domain? How to Check
A step-by-step check — and the trap that catches almost everyone: the song and the recording expire on different clocks.
This is general information, not legal advice. Clearance decisions are fact-specific — confirm anything important with the rights holders or a qualified attorney.
Public-domain works are free to use with no permission and no payment. But "public domain" is a status you have to verify per work, and the biggest mistake is assuming a famous old song is fair game when a specific modern recording of it is not.
Remember the two copyrights: a composition can be public domain while a recording of it is still protected. Check them separately.
How to check, step by step
- Find when the composition was first published. In the U.S., works published in 1929 or earlier are in the public domain (as of 2025 — the line advances by one year every January 1).
- Check the specific recording separately. Under the Music Modernization Act, recordings first published before 1923 entered the public domain on January 1, 2022; later recordings follow a staggered schedule and most 20th-century recordings are still protected.
- Watch for a newer arrangement or edition. A fresh arrangement, translation, or edition of a public-domain song can carry its own new copyright on that new material.
- Confirm with a primary source — U.S. Copyright Office records, the Copyright Office public-domain circulars, or a reputable duration chart — rather than a lyrics site.
On our public-domain pages, the "Rights Status" card states the basis for each side (composition and recording) with its source, so you can see why a song is free, not just that a page says so.
See it on real pages
Sources
- U.S. Copyright Office — Circular 15A, Duration of Copyright ↗ · checked Jul 2026
- U.S. Copyright Office — Circular 56A, Copyright Registration of Sound Recordings ↗ · checked Jul 2026
- Music Modernization Act — sound recordings and the public domain ↗ · checked Jul 2026
- Peter B. Hirtle — Copyright Term and the Public Domain (Cornell) ↗ · checked Jul 2026