How to Determine the Public Domain Status of a Work
How to Determine the Public Domain Status of a Work
Emily DeWoolfson
How do you determine whether copyright claims exist on a specific work? The annoying answer is, it’s complicated. Since many factors at once determine the public domain status of a given work, no one has a universal list—at least not as far as I know. Regardless, you may get lucky and find the info you need by checking some or all of the following sources.
The US Copyright Office
This office does not keep a list of works in the public domain, and does not list copyrighted works exhaustively. However, on request, its staff will search its records for a fee (around $150 per hour) and will provide a report covering copyright restrictions and claims. It will not certify public domain status, but will provide information about other claimants, renewals, initial copyright claim date, and other data that may prove helpful.
The Library of Congress
The Library of Congress may keep a reference copy of public domain works, although again it is not a universal archive.
Editions of old songs
If a copy of the sheet music is dated from before 1923, the music and lyrics are public domain in the United States. You may find an old edition by checking The New York Public Library for the Performing Arts at Lincoln Center in NYC, which has an extensive collection of old popular songs.
Catalogues of performing rights societies
The ASCAP, BMI, and SESAC catalogues of songs (searchable on their websites) can sometimes be used to determine public domain status. For example, a listing of “arranger,” with no “composer,” indicates that only the new arrangement is original. An underlying work is probably also in public domain if there are many listings of the same title under different publishers, although this is not a guarantee.
The Harry Fox Agency
The Harry Fox Agency administers mechanical rights on behalf of US publishers. The agency keeps some files that may prove helpful in your search.
Lists of Public Domain Works from BZ/Rights & Permissions
You can find several lists of works in the public domain at www.thepublicdomainsite.com. BZ/Rights & Permissions also gives consultations, contacts, general info about public domain, advice on legal clearance, and other services in your quest for copyright clearance.
Creative Commons
In 2002, Creative Commons released a set of copyright licenses allowing authors to effectively move their works into public domain, or to license the works for free. If the work in question has a Creative Commons license, note that it therefore is considered to be public domain.
Whenever you want to sample someone else’s work, use these sources to make sure you’re legally in the clear. The security of knowing your own work is legally protected will be worth it. And no matter what, stay creative.
