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Blog | Public Domain 4U

WHY I LOVE PUBLIC DOMAIN MUSIC

Jazz greats have to start somewhere, Louie Armstrong started here. Joseph Nathan Oliver, known as King Oliver, an excellent coronet player himself, gave Louis his 1st entertainment job in his creole band, took him under his wings, and taught him the music biz ropes. Tim Gracyk has made a sensational YouTube post of this song, and it includes some gr8 old images. I encourage you to expand your music horizons and give a listen.

I NEED HELP

This Earth Day will see the remix’s release,

Please help me!  I wrote this song in 1976. The recording I made got the attention of the record company guy (me at the time), who got my message. I want the message to get out to everyone.  I didn’t perform it because I thought it was an obvious sentiment. I’m now too old to want promote this song live or on social media, ergo I NEED YOUR HELP.

A BRIEF HISTORY:

I was walking through an exhibit of player pianos in 1975 and saw a one-man-band playing “Stars and Stripes Forever” by John Philip Sousa. It was so cool! I recorded it with Glen Kolotkin. I wrote a ditty incorporating a nursery rhyme about being kind to web-footed friends in my duck voice. I was helped by Jon Sargent of Purple Earthquake , who arranged the vocals and Tommy Dunbar, Rubinoos, who added electric guitar in the “Pete” tradition of working with Beserkley band members.

The song was released in 1976 to coincide with the America’s 200th birthday. I never toured, I was not an act.. After the recording paid for itself, I stopped working the song. I felt the premise of the song was so obvious and forgot about it until

IT GOT ERIC DIN’S ATTENTION.

THE SONG GOT ERIC DIN’S (another record company guy) ATTENTION.

Says Din: “We’re excited to get this timely remix out to the streaming services on Earth Day 2022. I was surprised to learn Pete did the “duck” vocals himself, and when I read the lyrics, this suddenly became more than a novelty song for me. It’s an unexpected environmental anthem, and we’re proud to release it on Berkeley Cat Records.

I made the original video with Calvin West, drawings by Trimla Rose, and I posted it on Youtube.

EXACTLY, WHAT IS PUBLIC DOMAIN MUSIC? WHAT ACTUALLY HAPPENS.

Before the copyright 

intellectual property was preserved by common law. Then the copyright concept allowed one to own the intellectual property they created. The copyright developed its own lengths for protection and who, what, and when the copyright can vest  are ever changing issues. There was even an international agreement about this issue.

Public domain traces its roots to the copyright movement when the printers in Europe introduced concept of ownership of an idea or intellectual property. Copyright law was one of the first laws passed in the U.S. in 1790.  When the copyright expires, the work enters the public domain. 

What actually happens 

There is noone with a copyright to enforce. So you are on your own. A correct use of this public use should not have anyone trying to enforce the copyright. Of course the person (usually a publisher) who has collected monies on behalf of the copyright hates you,  Free use is the last thing to encourage, and will still try to collect on this earning copyright. The music composition has two copyrights one covering the composition and another covering the sound recording. They are referred to as the circle “p” and the circle  “c.” They represent the both of the copyrights in musical compositions. So after you are convinced the music use  is what is yours by law, please don’t expect anyone to inform you. If the intellectual property is in the public domain, no one will have standing to enforce anything. 

So i recommend doing your own research

as to whether the intellectual property is in the public domain. This research will help as a precursor to a potential challenge to your use. 

Once you have ascertained the music was in the public domain

use it for what ever you want and wait for no one to enforce the copyright

One rule of thumb,  

In any country music made before 1923 is in the public domain.

Fortunately for music 

the phonograph had been in invented years before.

 

This is an example of a song in the public domain by virtue of the date. 1923

WINNIE THE POOH ENTERS THE PUBLIC DOMAIN IN 2021

Copyrighted creative works, whether they’re books, movies, or music, enter the public domain in the United States after 95 years, meaning they’re free for use by the American public.  Winnie The Pooh was first published  in 1924, becomes that old and is yours to use or modify! I admit it will be tough to see the pornagraphic uses of Winnie.

What will “Poo Bear” do?

PUBLIC DOMAIN MUSIC FOR CHRISTMAS 2021

I have consolidated and updated this post from older posts of mine:

The concept of the Public Domain all songs before 1926 and on January 1st, 2022 known as Public Domain Day that changes to 1927

I quoted and paraphrased Wikipedia

Pubic Domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

This means the public owns these works, not an individual author or artist as copyright law dictates. With correct research, anyone can use a public domain work without obtaining permission, but no one can ever own it.

Here are some invaluable tools to understanding and finding Entertainment in the Public Domain:

I found this @ Stanford University

Summed up the research required: There are four common ways that works arrive in the public domain:

  • the copyright has expired (MY FAVORITE)
  • the copyright owner failed to follow copyright renewal rules
  • the copyright owner deliberately places it in the public domain, known as “dedication,” or
  • copyright law does not protect this type of work.

 

The Ten Commandments, directed by Cecil B. DeMille

The Pilgrim, directed by Charlie Chaplin

Our Hospitality, directed by Buster Keaton and John G. Blystone

The Covered Wagon, directed by James Cruze

Scaramouche, directed by Rex Ingram

Edgar Rice Burroughs, Tarzan and the Golden Lion

Agatha Christie, The Murder on the Links

Winston S. Churchill, The World Crisis

e.e. cummings, Tulips and Chimneys

Robert Frost, New Hampshire

Kahlil Gibran, The Prophet

Aldous Huxley, Antic Hay

D.H. Lawrence, Kangaroo

Elmer Rice, The Adding Machine

Bertrand and Dora Russell, The Prospects of Industrial Civilization

Carl Sandberg, Rootabaga Pigeons

Edith Wharton, A Son at the Front

P.G. Wodehouse, works including The Inimitable Jeeves and Leave it to Psmith

These timeless works of art contribute to mankind, and can be republished or used for free by any member of the public.  

Holiday songs that ARE in the Public Domain.

Or written before 1926 and yours to use for free! 

See the disclaimer below this list.

  • Angels We Have Heard On High
  • Auld Lang Syne
  • Away In A Manger
  • Coventry Carol
  • Deck The Halls
  • For Unto Us
  • Go Tell It On The Mountain
  • God Rest Ye Merry Gentlemen
  • Good King Wenceslas
  • Hallelujah Chorus
  • Hark! The Herald Angels Sing
  • Here We Come A-Caroling (Wassail Song)
  • I Heard The Bells On Christmas Day
  • I Saw Three Ships
  • In The Bleak Midwinter
  • It Came Upon The Midnight Clear
  • Jesu, Joy of Man’s Desiring
  • Jingle Bells
  • Jolly Old St. Nicholas
  • Joy To The World not the Three Dog Night version
  • O Come All Ye Faithful
  • O Come O Come Emmanuel
  • O Holy Night
  • O Little Town Of Bethlehem
  • Once In Royal David’s City
  • Silent Night
  • The First Noel
  • The Twelve Days of Christmas
  • Up On The Housetop
  • We Three Kings
  • We Wish You A Merry Christmas
  • What Child Is This

But the performance by someone done recently would require permission to use in a video or any other use of that performance.

So you will be liable if you post a performance of a public domain song composed after 1925.  Although Silent Night was written before 1925 , this is a perfect example of a song performance of a public domain song not being “royality-free”  Youtube must pay who ever has the rights for this performance by The Temptations. I suggest using your own version of one of these songs to avoid any copyright hassles.