Song Clearance Sheet
6 sources citedHome on the Range
Folk1870sPictured: Brewster M. Higley, who wrote the lyrics (public domain) · source
The verdict
Public Domain
In the public domain — but check the Rights Status below; a specific host's copy can carry its own caveat.
Used by independents?
Yes — it’s in the public domain — free for any independent artist to use, with no clearance needed.
Origin
Dr. Brewster Higley wrote the poem "My Western Home" in 1872–1873 in Smith County, Kansas, publishing it in the Smith County Pioneer in 1874; his friend Daniel E. Kelley, a Civil War veteran and fiddler, set it to music shortly after
An early authorship dispute
In 1876 the Kirwin Chief ran a front-page "PLAGIARISM" story accusing a rival paper of publishing a near-identical poem under another name — reprinting Higley's original 1874 publication as proof of his prior claim
He never knew its fame
Higley died in 1911, long before the song's 1930s national fame — he never knew of the later lawsuit or the song's popularity
Rights Status
Licenses explained →Public domain is not one blanket badge — each source can carry its own caveat
The compositionPublic domain
The early recordingPublic domain
Cultural Impact
Documented covers, adaptations, and cultural echoes — each with a real, dated source
A president's favorite song sparked a $500,000 fraud claim
The song exploded in 1933 after FDR named it his favorite. In 1934, William and Mary Goodwin of Arizona filed a $500,000 infringement suit against NBC and publishers, falsely claiming they had written and copyrighted it in 1904/05 as "An Arizona Home." Until resolved, the song legally could not be performed or aired at all.
Ballad of America · read it →
The investigation that debunked the false claim
The Music Publishers Protective Association hired attorney Samuel Moanfeldt, who traveled to Kansas, found elderly residents who remembered the song decades before the Goodwins' claim, and obtained a statement from orchestra member Clarence B. Harlan. The lawsuit collapsed under the evidence.
Library of Congress · read it →
Became Kansas's state song to honor the verified authors
On June 30, 1947 the Kansas legislature adopted it as the official state song, explicitly to recognize Higley and Kelley based on Moanfeldt's evidence.
Kansas Public Radio · read it →
The investigation was later dramatized on film
A 2016 docudrama directed by Ken Spurgeon dramatizes the Moanfeldt investigation and the authentication of Higley and Kelley's authorship.
Grokipedia · read it →
Can You Use It for Free?
How to check PD →Is it public domain?Yes — free to use without clearance
References
Every source cited on this page — 6 in total
Was this page helpful?
Page history · 2 updates
Jul 2026Page created — full PD research (batch NEW)
Jul 2026BPM/Key pending a separate manual keyfinder pass