# List of Music in Public Domain? **URL:** \ **Category:** Cafe Society\ **Created:** [October 9, 2004, 3:16am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318 "2004-10-09T03:16:37Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Jinx](https://avatars.discourse-cdn.com/v4/letter/j/c6cbf5/32.png) [@Jinx](https://boards.straightdope.com/u/Jinx)\ **Post date:** [October 9, 2004, 3:16am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/1 "2004-10-09T03:16:37Z")
How can one find out if a piece of music is in the public domain, and if not, who owns it? While I’d like a general answer, I’d also like to know about the Christmas song “The Twelve Day of Xmas”. Does it belong to anyone? - Jinx ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [October 9, 2004, 3:27am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/2 "2004-10-09T03:27:53Z")
I’ll offer my personal guarantee that the composer of “The Twelve Days of Christmas” won’t come looking for royalties. And if he does, he’ll be some 400 year-old French guy, so you can just knock him down. ---
**Author:** ![TJdude825](https://avatars.discourse-cdn.com/v4/letter/t/dec6dc/32.png) [@TJdude825](https://boards.straightdope.com/u/TJdude825)\ **Post date:** [October 9, 2004, 7:42am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/3 "2004-10-09T07:42:27Z")
But some big fancy 45-year-old non-French corporation could want royalties. Though for that particular song, I doubt it. ---
**Author:** ![Scissorjack](https://avatars.discourse-cdn.com/v4/letter/s/c67d28/32.png) [@Scissorjack](https://boards.straightdope.com/u/Scissorjack)\ **Post date:** [October 9, 2004, 9:59am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/4 "2004-10-09T09:59:29Z")
50 years after the death of the author, as far as I know - which has some copyright holders worried, since we’re coming up on/have already reached this date for a lot of old bluesmen, jazzbo’s and early rock ‘n’ rollers. ---
**Author:** ![Cisco](https://avatars.discourse-cdn.com/v4/letter/c/ccd318/32.png) [@Cisco](https://boards.straightdope.com/u/Cisco)\ **Post date:** [October 9, 2004, 10:33am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/5 "2004-10-09T10:33:35Z")
> [@Middlecase](#): > > 50 years after the death of the author, as far as I know - which has some copyright holders worried, since we’re coming up on/have already reached this date for a lot of old bluesmen, jazzbo’s and early rock ‘n’ rollers. That means Billie Holliday will be in the public domain in less than five years - woohoo! Unfortunately…wasn’t this recently extended to 75 years? Or is it about to be? ---
**Author:** ![Cisco](https://avatars.discourse-cdn.com/v4/letter/c/ccd318/32.png) [@Cisco](https://boards.straightdope.com/u/Cisco)\ **Post date:** [October 9, 2004, 10:36am UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/6 "2004-10-09T10:36:12Z")
Errr, also, on the day that something goes public domain, can’t someone buy it and take it right back out of the PD? Doesn’t some jerk own “Happy Birthday”? I really can’t imagine Elvis records being free within my children’s lifetimes… ---
**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\ **Post date:** [October 9, 2004, 12:25pm UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/7 "2004-10-09T12:25:24Z")
> [@Cisco](#): > > Errr, also, on the day that something goes public domain, can’t someone buy it and take it right back out of the PD? Doesn’t some jerk own “Happy Birthday”? They do, but they’re not being a jerk about it: > [@](#): > > The Chicago-based music publisher Clayton F. Summy Company, working with Jessica Hill, published and copyrighted “Happy Birthday” in 1935. Under the laws in effect at the time, the Hills’ copyright would have expired after one 28-year term and a renewal of similar length, falling into public domain by 1991. However, the Copyright Act of 1976 extended the term of copyright protection to 75 years from date of publication, and the Copyright Term Extension Act of 1998 added another 20 years, so under current law the copyright protection of “Happy Birthday” will remain intact until at least 2030. [http://www.snopes.com/music/songs/birthday.htm](http://www.snopes.com/music/songs/birthday.htm) As for the OP, I’m with **Bryan Ekers** on the chances of the composer being alive. However, _arrangements_ of a traditional tune are also subject to copyright. ---
**Author:** ![Charlie\_Tan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/charlie_tan/32/12582_2.png) [@Charlie\_Tan](https://boards.straightdope.com/u/Charlie_Tan)\ **Post date:** [October 9, 2004, 1:09pm UTC](https://boards.straightdope.com/t/list-of-music-in-public-domain/268318/8 "2004-10-09T13:09:27Z")
Cecil also ansewred the Happy Birtday question way back. I’m to lazy to do a search, though. A warning: While the music of Bach, Mozart et al is in the public domain, it’s only the music in itself, i.e. you may record _Eine Kleine Nachtmusik_, with yourself on the piano, and release it. But you can’t touch a recording made by the London Philharmonics in 1948 or some such. The _recording_ is still copyrighted. I think that might work WRT Billie Holliday too: Did she write her own music? Who has the publishing rights? What musicians appeared? Are any still alive? Trust me, the radio station I worked for was fined for copyright violation. We studied the issue carefully after that. Should’ve done it beforehand, though.