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.
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
This song was recorded and published in 1923. It was a hit, obviously putting this work in the public domain by several years, I worked backwards from this precursor of jukebox, the Multiphone, which is how I started this search. The dated lyrics are not very “politically correct” these days. Here’s the latest tech of the that time:
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:
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
Deck The Halls
For Unto Us
Go Tell It On The Mountain
God Rest Ye Merry Gentlemen
Good King Wenceslas
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
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
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.
Finding music in the public domain means listening to plenty of music from the past.. I learned the musicians,whose names change but the message remains the same. Bessie Smith, came into my world when Janis Joplin bought her a headstone, before Janis died of an overdose at 27(seems like the lifespan of the driven. ) Bessie has the voice. This song is gr8. Written by Charles Warfield and Clarence Williams in 1919 and Louie Prima and Frank Sinatra also sang this song. ” I learned a lot studying this song’s past.
The early days of jazz spawned great women jazz pianists —
Mary Lou Williams
This self-taught musician started her career at age seven in Pittsburgh as “the little piano girl of East Liberty.” She wrote, arranged and performed with the likes of Duke Ellington, Louis Armstrong, Earl Hines, Benny Goodman and Tommy Dorsey.
Sweet Emma Barrett, Billie Pierce, Jeanette Kimball, Mary Lou Williams, among them. These women were so talented some eventually became band leaders, and these ground-breaking women made some significant contributions to Jazz. Here are some:
Sweet Emma Barrett
She played with the Preservation Hall Jazz Band, sometimes one-handed after a stroke. Here she is being interviewed by Art Duke and performing with the Preservation Hall Jazz Band.
Another member of the renown Preservation Hall Jazz Band. Here she is performing with her husband Dede. I appreciate the enhanced audio (by Konrad Klingelfus) on this track.
Jeanette Kimball was classically trained and played in “society bands” with Papa Celestin. Here’s an example:
She finally got to record on her own, and you can hear her piano chops: