Original 1814 sheet music (Carr edition)
Song Clearance Sheet
5 sources cited

The Star-Spangled Banner

Patriotic1810s

Pictured: Original 1814 sheet music (Carr edition) (public domain) · source

B♭ maj (standard)Key
Key from published sheet music / hymnals
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?
Yesit’s in the public domain — free for any independent artist to use, with no clearance needed.
Quick Facts
Released1814
GenrePatriotic, Anthem
More infoWikipedia →
Origin
Lyrics written by lawyer Francis Scott Key on September 14, 1814, after witnessing the British bombardment of Fort McHenry (War of 1812). Detained aboard a British ship, he wrote the poem the next morning on seeing the flag still flying. Originally "Defence of Fort M'Henry," renamed by November 1814
History.comchecked Jul 2026
A surprising melody origin
The melody was composed c. 1775–1776 by British composer John Stafford Smith as the "constitutional song" for the Anacreontic Society, a London gentlemen's amateur music club named after the Greek poet Anacreon
Britannicachecked Jul 2026
The composer wasn’t confirmed until the 1970s
The melody's composer wasn't definitively confirmed until the 1970s, when a Library of Congress music librarian established it — meaning for ~150 years, the composer of the national anthem's melody wasn't certain
Britannicachecked Jul 2026
Key had used the tune before
Key had written different words ("When the Warrior Returns") to the same melody in 1805 for a dinner honoring naval officers Stephen Decatur and Charles Stewart — nearly a decade before his famous anthem lyrics
History.comchecked Jul 2026

Public domain is not one blanket badge — each source can carry its own caveat

The compositionPublic domain
Lyrics written September 14, 1814; melody composed c. 1775–1776 — in the public domainWikipediachecked Jul 2026
The early recordingPublic domain
Early recordings are pre-1923 and in the U.S. public domainWikipediachecked Jul 2026

Cultural Impact

Documented covers, adaptations, and cultural echoes — each with a real, dated source

Took 117 years to become the official anthem

Adopted by the US Navy in 1889 and all Armed Forces by 1917, but not made the official national anthem by Act of Congress (signed by President Hoover) until March 3, 1931.

Study.com · read it →
Already a patriotic vehicle before 1814

The same melody was already widely used for American patriotic and political songs before Key's lyrics — including "Adams and Liberty."

History.com · read it →
One of several competing Civil War-era patriotic songs

Alongside "Yankee Doodle" — represented here via Cohan's "The Yankee Doodle Boy" — "Hail Columbia," and "Columbia, The Gem of the Ocean," it was one of several "national airs" used during the Civil War era, before any held official status.

Taps Bugler · read it →

Can You Use It for Free?

How to check PD →
Is it public domain?Yes — free to use without clearance
Wikipediachecked Jul 2026

References

Every source cited on this page — 5 in total

Page history · 3 updates
Jul 2026Key added from published sheet music / hymnals (documented source)
Jul 2026Page created — full PD research (batch NEW)
Jul 2026BPM/Key pending a separate manual keyfinder pass
Last checked Jul 2026 · Compiled from Wikipedia, Wikidata, Discogs, MusicBrainz, Nolo, Stereogum, Songfacts.
This page is informational, not legal advice — always confirm current rightsholders before release.
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