Guide to Public Domain Works
Public domain titles are a popular starting place for arrangers because licensing permission is not required and the music is available to be reinterpreted however the arranger imagines. But how do you know for sure that a title is in the public domain? We have created this article to help navigate this often misunderstood topic.
Public domain rules vary around the globe
Each territory around the world has its own rules for what is and is not in the public domain. It is important to keep in mind that because ArrangeMe is an international platform, works must be fully in the public domain worldwide in order to be published through ArrangeMe as an arrangement of a public domain work.
There are four primary ways that works are considered to be in the public domain:
the copyright has expired
the copyright owner failed to renew their copyright (“Rockin’ Robin” by Leon René is an example)
the copyright owner officially places their work in the public domain
copyright law does not protect the particular type of work
European Union rule of thumb
A good rule of thumb to determine if a piece of music is in the public domain worldwide is to apply the European Union rule, as that territory has the longest-lasting copyright protection term in the world. In the European Union, works do not enter the public domain until 70 years after the death of the longest-living contributor to the work.
Apply this rule to the music you are researching to determine its worldwide public domain status before publishing a work as a public domain arrangement through your ArrangeMe account.
Public domain in the United States
In the United States, as of January 1, 2024, most works published prior to 1929 are in the public domain. Works published from 1929 to December 31, 1977 are subject to variable copyright terms, but most are likely under protection. Works published January 1, 1978 and after are protected for 70 years after the death of the last surviving creator.
Even if a title is in the public domain in the U.S., it may still be under copyright protection in other territories of the world, and therefore not eligible to be published to ArrangeMe as a public domain work.
Check for all contributors
The music of George and Ira Gershwin is so popular and has been around for so long that many people think it is in the public domain. While it is true that music that George Gershwin wrote alone has entered the public domain worldwide, any music that credits Ira Gershwin as a contributor is still under copyright.
This means that arrangements of George and Ira Gershwin's collaborations may not be published as public domain, even if you do not use the lyrics in your work.
ArrangeMe licenses Gershwin songs the same way we license everything from the Beatles to Beyoncé: each contributor of a copyrighted song, composer(s) and lyricist(s), must be properly credited and paid no matter what kind of arrangement you create. Copyright holders consider lyrics to be inherently part of a song, so even if you are publishing an instrumental-only arrangement, the copyright protection extends to the lyrics whether you choose to use them or not. That's why the songs which Ira wrote lyrics for are still under copyright and only George's music-only compositions are in the public domain.
When in doubt, look it up!
There are many songs that are considered folk songs that are under copyright. This may be because an enterprising arranger heard a folk song and set it to sheet music, copyrighting the title despite its folk origins. Wikipedia is generally reliable when it comes to song information, and we recommend beginning your research there.
Remember, if a work is determined to be under copyright in any part of the world, and you have published it as a public domain arrangement, ArrangeMe reserves the right to remove your title from sale. Our support team can help clarify the reason for any removal, if you have any questions.
More Resources
SongSelect is a good place to search for public domain titles, particularly hymns.
PD Info provides a list of titles which are in the public domain in the U.S.
IMSLP provides free sheet music to public domain titles, which can help guide your arrangement.
Cornell University Library Guide provides a thorough discussion of copyright terms.
Are you interested in arranging a title you believe is in the public domain, but you’re not 100% sure it’s free to use? We’re always happy to help answer your questions at support@arrangeme.com.
