Do New Copyrights Exist for Songs in the Public Domain Released Years Later?
When a song is in the public domain, it is often mistakenly assumed that a new copyright is created simply because it is released by another artist years later. However, the situation is more nuanced and involves understanding the distinction between the song itself and its sound recordings. Let's delve into these complexities to better understand the legal landscape.
The Public Domain and Copyright
A song generally has two elements: its lyrics and melody (also known as the sound recording), and the actual sound recording of the performance. In most cases, copyright is held on the performance but not on the lyrics or melody. This means that while you can record your own version of the song, you must obtain permission to publish another artist’s version. However, this is contingent on whether the song is in the public domain, which, as mentioned, is somewhat unlikely given the duration needed to meet public domain criteria.
Criteria for Public Domain Songs
For a song to be in the public domain, certain criteria must be met. Here are the main conditions:
1. First Published in the US More Than 95 Years Ago
This is one of the most straightforward scenarios. If a song was published in the United States more than 95 years ago, it would be in the public domain.
2. First Published in the UK, Europe, or Canada
In these regions, if the song was written and published more than 70, 50, or 50 years ago respectively, it would be in the public domain. The exact time frame can vary slightly based on the jurisdiction.
3. Unrenewed or Unregistered Copyrights
For songs published in the US before 1964 and 1986 respectively, if the copyright was not renewed or registered, the song could be in the public domain. However, this is complex to prove.
4. Work for Hire by the Federal Government
Any song created as part of an official duty for the US Federal Government is automatically in the public domain and no new copyright can be created.
5. Explicit Release by the Copyright Owner
Lastly, if the copyright owner has explicitly and freely released the song for public use without any restrictions, it can also fall into the public domain.
Given these conditions, it can be challenging to determine whether a song is in the public domain. Most contemporary songs are protected by existing copyright laws, meaning they are not in the public domain.
Recordings and Copyright
Even if the song is in the public domain, a separate copyright exists for each lawful recording of the song. This means while you can use the song's lyrics and melody freely, the actual sound recording retains its own copyright.
Ownership of Sound Recordings
The copyright on the sound recording usually belongs to the party who made the recording. This could be a record label, the artist, or even a third-party producer who paid for the recording. It's important to note that the copyright on the original song's lyrics and melody is usually held by the songwriter or their publishing company.
What About the Music Artist?
The music artist might not necessarily own any copyright on the song. If the artist did not write the original song and did not retain any rights to the sound recording, they do not hold copyright ownership. Conversely, if the artist wrote the song or retained rights to their own sound recording, they might hold the copyright in both the performance and the songwriting.
Conclusion
To summarize, if a song is not in the public domain, you must obtain permission from the copyright holder to use it, even if you’re recording a song that’s already been in the public domain. Clearing these permissions is crucial to avoid legal disputes or penalties. Understanding the distinctions between songwriting and sound recordings can help artists navigate these nuances effectively.
For those interested in releasing songs that are truly in the public domain, careful research and due diligence are essential to ensure you are not inadvertently stepping into copyright infringement territory.