The "public domain" is a central concept in the area of copyright/master rights, which is also of great importance in music. If a work is in the public domain, this means that it is no longer subject to copyright and can therefore be used by third parties without them having to obtain the rights to do so. This applies to both the composition and lyrics of a piece of music (i.e. copyright) and the original recording (i.e. neighbouring right), whereby different rules apply to both aspects.
Public domain in copyright
Copyright protects the creative content of a piece of music, i.e. the composition and the lyrics. In Germany, this right expires 70 years after the death of the last author. After that, the work falls into the public domain, which means that it may be replayed, republished or modified.
Interestingly, these time limits vary around the world. In the USA, for example, copyright only ends 95 years after the first publication. It is therefore important to know the respective national laws, as the terms of protection vary from country to country.
A detailed overview of the terms of protection in different countries can be found here: List of copyright terms of countries
Public domain with master rights
In addition to copyright, there are also the so-called neighbouring rights, which include the master rights, which protects the rights to the recording of a piece of music. As soon as these rights have expired, the original recording of a piece of music can be freely used, republished and even modified.
In Germany and most western industrialised countries, this right expires 70 years after the recording was first published. However, there are also international differences here. In Canada, China and Japan, for example, neighbouring rights expire 50 years after the death of the author, while Mexico has the longest term of protection in the world at 100 years. In Germany, the term of protection was extended from 50 to 70 years in 2013, although all recordings that were already in the public domain in 2013 (i.e. published before 1963) remain in the public domain.
Summary
The regulations on the public domain in music are complex and differ depending on the country and type of protection (copyright vs. neighbouring rights). It is important for musicians, producers and labels to be aware of these differences in order to be able to legally access public domain works. Public domain music offers a valuable resource as it is free to use and allows creative freedom without the need to pay licence fees or overcome legal hurdles.
Examples of public domain music
Classical pieces: Works by composers such as Johann Sebastian Bach, Ludwig van Beethoven and Wolfgang Amadeus Mozart are now in the public domain as their copyrights have long since expired.
Folk songs: Traditional folk songs whose authors are unknown or whose rights have also expired.
Example of the effects of different terms of protection
In the USA, the copyright protection for the very first Mickey Mouse cartoon episode "Steamboat Willie", published in 1928, expires in 2024 after 95 years, which means that this one episode will actually enter the public domain there and can be used freely. In Germany, on the other hand, Mickey Mouse remains protected by copyright until 2037, as the term here only ends 70 years after the death of the author. This example shows how different international regulations can influence the use of creative works.
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