Once a copyright is created, protection generally lasts for 70 years after the death of the author and in some cases 95 years from publication or 120 years from creation. That’s a long time! After that time, the copyright protection ceases and the underlying work becomes public domain.
More specifically, the term of copyright under the Copyright Act depends on when the work was created, as follows:
Don’t be misled into thinking that a lot of music is now in the public domain. For example, while a piece of classical music may be in the public domain, a specific recording of that musical work is likely not in the public domain and is still protected under copyright.
In a recent case regarding music in the public domain that generated a lot of buzz, filmmakers filed a class action suit against Warner/Chappell Music, the music publishing company, who claimed to own a copyright in the song “Happy Birthday.” The song generated roughly $2 million annually for the company in royalties from the use of the song in television shows, movies, stage performances, and restaurants. The dispute only involved the lyrics to the song, as the melody/music was indisputably in the public domain already. The parties settled after a federal judge held that there was no evidence that the original authors of the lyrics ever sought federal copyright protection or had even transferred the rights in the lyrics to Warner/Chappell Music. In the settlement, “Happy Birthday” was declared to be in the public domain and Warner/Chappell Music agreed to pay back $14 million to those who paid licensing fees for the use of the song.
The same law firm who persuaded the court that “Happy Birthday” belongs in the public domain also filed two separate suits over the public domain status of Woody Guthrie’s “This Land Is Your Land” and the Civil Rights Movement anthem “We Shall Overcome.”
Be sure to stay tuned for our next Music Law 101 post, in which we will explain how you can transfer your copyright interest to another person or entity.
This post originally appeared on the ReverbNation Blog.