How do I know if a work is public domain?
Determine if you need permission to create an arrangement or use an arrangement of a public domain work.
Whether a work is in the public domain is determined by copyright law. In the United States, determining whether a work is in the public domain depends on when it is published or created. Works that were published before a certain year will be in the public domain, but any work, including any new arrangement or adaptation of a public domain work, published or created after that year may still be protected by copyright law. You should consult with an attorney before using a work in order to determine whether a work is in the public domain. The copyright law in countries outside the United States is different, and you should consult with an attorney who practices within that country.
Please note that creating new works based on works administered by Music Services which are still under their original term of copyright, or adding to a work administered by Music Services which is still under its original term of copyright, is strictly prohibited.
When making an online request on our site, you may notice Music Services issues licenses for works where the original work is in the public domain. These individual works are specific, copyrighted arrangements of works in the public domain. By requesting a license for one of these particular arrangements, you have indicated to us that you are using that specific arrangement. If you are using a work in the public domain as it was originally written, then you do not need to obtain a license or pay royalties.
More information about U.S. copyright law can be obtained from the U.S. Copyright Office at www.copyright.gov. Additionally, there are websites that provide information about public domain works.