# Public Domain MP3 Sites: Legit?

**URL:** <https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490>\
**Category:** Cafe Society\
**Created:** [February 28, 2006, 6:35pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490 "2006-02-28T18:35:41Z")\
**Posts on this page:** 8\
**Page:** 1

<div class="post-metadata">

**Author:** ![Talon\_Karrde](https://avatars.discourse-cdn.com/v4/letter/t/c5a1d2/32.png) [@Talon\_Karrde](https://boards.straightdope.com/u/Talon_Karrde)\
**Post date:** [February 28, 2006, 6:35pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/1 "2006-02-28T18:35:41Z")

</div>

While using Google Image Search to look up all of the two existing Robert Johnson photos, I came across a site that had links to download MP3’s of songs it said was in the public domain. I haven’t tried downloading any yet because I’m not at home.  
In case it’s illegal, I’ll not link to the site, but it’s called “Public Domain 4 U” (I didn’t know Prince was making webpages!)

I figure if it was actually legitimate, I’d have heard more about it, like how people talk frequently about Project Gutenberg. But if it actually is, that would be so awesome.

---

<div class="post-metadata">

**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [February 28, 2006, 8:01pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/2 "2006-02-28T20:01:47Z")

</div>

The tricky part with music, as opposed to books, is that there’s two copyrights to consider. First, there’s the copyright on the composition. That’s not too tough; there’s plenty of music around written before the 1920s. All of Beethoven’s music, for instance, is firmly and clearly in the public domain, so there’d be no doubt about downloading sheet music of _Ode to Joy_ or _Fur Elise_.

But there’s also a performance copyright. If, for example, the Cleveland Orchestra plays Beethoven’s 5th, they own the copyright _for that performance_. Hence, if someone makes a recording of that performance, the Cleveland Orchestra can control it (sell it, etc.). There were also plenty of performances before the 1920s, which would now be in the public domain, except that most of them weren’t recorded.

So if you were to make an MP3 of one of Edison’s original record cylinders, and distributed that willy-nilly on the Net, that’d be fine. And if you take a piece of music that’s in the public domain (like Beethoven’s 5th), and convince someone to perform it and release their performance into the public domain, that’s fine, too. But if you take the Cleveland Orchestra’s performance of the 5th, and copy and distribute it without permission from the Cleveland Orchestra (which would probably involve money changing hands), that’s not fine, since it’s a violation of the orchestra’s copyright.

---

<div class="post-metadata">

**Author:** ![Talon\_Karrde](https://avatars.discourse-cdn.com/v4/letter/t/c5a1d2/32.png) [@Talon\_Karrde](https://boards.straightdope.com/u/Talon_Karrde)\
**Post date:** [February 28, 2006, 9:43pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/3 "2006-02-28T21:43:22Z")

</div>

I actually hadn’t thought of classical music, but that’s a good point. The site I mentioned has old recordings, such as old blues songs.  
1920 is the cutoff date then? I know some of those were recorded later than that, like the Robert Johnson songs. It does have Mamie Smith’s “Crazy Blues”, which was recorded in 1920.

---

<div class="post-metadata">

**Author:** ![ErinPuff](https://avatars.discourse-cdn.com/v4/letter/e/dbc845/32.png) [@ErinPuff](https://boards.straightdope.com/u/ErinPuff)\
**Post date:** [February 28, 2006, 10:31pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/4 "2006-02-28T22:31:55Z")

</div>

I believe the cutoff date is 1923.

---

<div class="post-metadata">

**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\
**Post date:** [February 28, 2006, 11:59pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/5 "2006-02-28T23:59:11Z")

</div>

If something went PD before the copyright extension, you could have a work later than 1923 be PD. It’ll depend on the specifics of the work.

---

<div class="post-metadata">

**Author:** ![Talon\_Karrde](https://avatars.discourse-cdn.com/v4/letter/t/c5a1d2/32.png) [@Talon\_Karrde](https://boards.straightdope.com/u/Talon_Karrde)\
**Post date:** [March 1, 2006, 2:28am UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/6 "2006-03-01T02:28:34Z")

</div>

So does that mean I can for sure legally download an mp3 of a song recorded before the cutoff date? Downloading Crazy Blues would be legal?

---

<div class="post-metadata">

**Author:** ![ZebraShaSha](https://avatars.discourse-cdn.com/v4/letter/z/eada6e/32.png) [@ZebraShaSha](https://boards.straightdope.com/u/ZebraShaSha)\
**Post date:** [March 1, 2006, 3:55am UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/7 "2006-03-01T03:55:04Z")

</div>

I Googled, using your clues, and found the site you mention. If you notice, the hyperlinks are for [www.archive.org](http://www.archive.org) . If you do not know what that site is, go there immeadiatly, and be happy.

In other words, if it links from [archive.org](http://archive.org) , it’s perfectly legit. Have fun. Otherwise, I’m not sure.

---

<div class="post-metadata">

**Author:** ![Talon\_Karrde](https://avatars.discourse-cdn.com/v4/letter/t/c5a1d2/32.png) [@Talon\_Karrde](https://boards.straightdope.com/u/Talon_Karrde)\
**Post date:** [March 1, 2006, 6:52pm UTC](https://boards.straightdope.com/t/public-domain-mp3-sites-legit/346490/8 "2006-03-01T18:52:24Z")

</div>

> [@ZebraShaSha](#):
>
> I Googled, using your clues, and found the site you mention. If you notice, the hyperlinks are for [www.archive.org](http://www.archive.org) . If you do not know what that site is, go there immeadiatly, and be happy.
> 
> In other words, if it links from [archive.org](http://archive.org) , it’s perfectly legit. Have fun. Otherwise, I’m not sure.

:smack:  
I missed that. I love [archive.org](http://archive.org).  
I’m very happy now. Thank you.
