Public Domain

Public domain is music that is not governed by copyright and is free for the public to use, share, and distribute without the need for a license or permission from the original copyright owner. When music enters the public domain, it means that the copyright protection has expired, or the creator has voluntarily relinquished their copyright rights.

Copyright protection for creative works, including music, is limited in duration. Once the copyright term expires, the music becomes part of the public domain. Copyright terms vary by country but generally last for the lifetime of the creator plus an additional 50 to 70 years.

It is important to note that there is a difference in composition and in sound recording. Although the sound recording may be a performance of a composition of music that is in the public domain the sound recording itself would most likely still be under copyright and subject to licenses and royalties.

Public domain music can be used, modified, performed, recorded, and distributed without any restrictions. There is no need to pay royalties, license fees, or obtain permission from the original composer or their estate. It is music available for anyone to use, including artists, filmmakers, educators, and the general public and can be used for personal or commercial purposes without limitations. Sound recordings in the public domain can be freely sampled, remixed, or incorporated into new compositions, making it a valuable resource for artists and creators.

Much of the music in the public domain consists of old compositions, folk songs, and traditional pieces. This includes classical music, traditional folk songs, and other works where copyright has expired, however It's important to note that not all older music is necessarily in the public domain. In some cases, works may still be under copyright due to specific circumstances, such as copyright renewals or extensions. 

Additionally, new arrangements or recordings of public domain music may have their copyrights for the new version. Therefore, it's advisable to research and confirm the copyright status of specific musical works before using them in your projects, especially if you plan to create derivative works or use recordings made by others.

When making music for your personal interest you may use whatever content you can get your hands on, this lies in boundaries of “fair use,” however if you plan on sharing your music to the public or for monetization you need to be sure where your content is coming from and treat it with the rights it deserves.

It is not necessary to mark your original music work as public domain if it contains samples from the public domain. However, it's crucial to understand that while the original written music is no longer protected by copyright when a song is in the public domain, there are still copyrights that can apply to the recordings. In the USA, no sound recordings are public domain due to a complex mix of Federal and State Law, so sampling public domain recordings is not permitted.

So in the USA you would need to acquire permission from the rights holders to use any sampled sound recording that is not under a royalty-free or creative commons license.

Flims are another source of content that many artists like to add to their music. You can find a list of public domain films in the USA from here. 

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