How Long Does Copyright Last for Music? Explained Simply

Key Takeaways

• Music copyright usually lasts for 70 years after the death of the composer or lyricist.

• If a song has multiple authors, copyright expires 70 years after the last surviving author’s death.

• For “works made for hire,” copyright can last up to 95 years from publication or 120 years from creation.

• Songs published before 1923 are in the public domain and free to use.

• Once copyright expires, anyone can use the music without permission or payment.

What Is Music Copyright?

Although often misunderstood in its scope, music copyright constitutes a legal framework that automatically protects original musical works, including both compositions and lyrics, upon their creation in the United Kingdom.

This copyright protection vests in the original authors—namely, the composer and lyricist—without any requirement for registration. Upon creation, the original authors receive exclusive rights to copy, perform, adapt, and distribute the work, thereby preventing unauthorised exploitation.

The duration of copyright is an essential aspect, as it determines when a work will eventually enter the public sphere, at which point it may be freely used by anyone.

Ownership can be complex, as rights may be assigned to music publishers, but the foundational principle remains the automatic and thorough protection of original musical expressions from the moment of their creation.

How Long Does Copyright Protection Last for Music?

The duration of copyright protection for music in the United Kingdom is governed by specific statutory provisions. Typically, copyright for original music lasts for 70 years after the death of the composer or lyricist, ensuring that works remain protected for an extended period. For music with multiple authors, protection endures until 70 years after the death of the last surviving author. In cases where music is created as a work made for hire, the copyright lasts for 95 years from publication or 120 years from creation, whichever expires first. Importantly, music published before 1 January 1923 is in the public domain and can be freely used. The following table summarises these durations:

Differences Between UK and US Copyright Duration

Significant distinctions exist between UK and US copyright duration for music, particularly regarding term length, treatment of joint authorship, and the shift of works into the public domain.

While both jurisdictions generally provide a term of 70 years after the death of the author, the US applies different durations for works created before 1978 and for works made for hire, resulting in potentially longer protection periods.

Additionally, both countries observe specific rules for joint works and public domain status, but the calculation methods and statutory limits can lead to differing outcomes in practice.

Term Length Comparison

While both the United Kingdom and the United States provide extensive copyright protection for musical works, notable differences exist in the duration and structure of these rights.

The standard copyright term in both jurisdictions is generally the life of the author plus 70 years; however, the application and exceptions differ. For example, the US explicitly provides for “works made for hire,” with a copyright term of 95 years from publication or 120 years from creation, whichever is shorter, whereas the UK lacks a comparable statutory provision.

Key term length differences include:

1. US “work for hire” has a fixed copyright term based on years from publication or creation.

2. Pre-1923 musical works are in the public domain in both countries.

3. UK law does not permit renewal of copyright terms, unlike historical US practice.

Treatment of Joint Works

Beyond general term length comparisons, joint authorship introduces additional complexities in copyright duration for musical works in both the United Kingdom and the United States.

In both jurisdictions, the term of protection for joint works is calculated as 70 years following the death of the last surviving author, thereby extending rights for all copyright owners involved.

However, the United States distinguishes between ordinary joint works and works made for hire; for the latter, the term is set at 95 years from publication or 120 years from creation, whichever expires first—a provision not present under UK law.

In the UK, joint works do not invoke special exceptions, and the standard rule based on the last author’s death applies.

Accordingly, precise agreements are essential to manage co-ownership and rights in joint works.

Rules for Public Domain

Distinct public domain rules in the United Kingdom and the United States arise from the underlying differences in copyright duration for musical works.

In the UK, copyright for music and lyrics generally expires 70 years after the death of the respective composer or lyricist.

In contrast, US law stipulates that works created on or after 1 January 1978 are protected for the author’s life plus 70 years, but works made for hire last 95 years from the date of publication or 120 years from creation, whichever expires first.

These distinctions shape the entry of music into the public domain.

1. Music published before 1 January 1923 is in the public domain in both countries.

2. Joint works: copyright endures until 70 years after the last author’s death.

3. Variations in duration affect reuse of works created in each jurisdiction.

Who Owns Copyright in a Song?

Although the identification of copyright ownership in a song may appear straightforward, legal analysis reveals a layered framework. The original owner of copyright in a musical work is typically the composer or lyricist who created it.

However, ownership can shift if the copyright is assigned or licensed to a music publisher, who may then manage exploitation and royalty collection for the work. This transfer or division of rights can complicate the determination of the lead copyright holder.

Additionally, it is possible for different parties to own distinct shares in a single composition, with each party’s rights clearly defined by contractual agreements.

Significantly, for works with more than one author, copyright persists for 70 years following the last surviving author’s death, extending the duration of proprietary interests.

Copyright for Multiple Authors and Works Made for Hire

When a musical work is created by multiple authors, or under a work-for-hire arrangement, the duration and ownership of copyright are governed by distinct statutory provisions.

Copyright for multiple authors is protected for 70 years after the death of the last surviving author, requiring diligent copyright management to monitor each contributor’s lifespan.

In contrast, works made for hire are protected for 95 years from first publication or 120 years from creation, whichever is shorter, and the commissioning entity holds the copyright, introducing complex ownership dynamics.

For clarity:

1. Copyright for multiple authors: protected for 70 years after the last author’s death.

2. Works made for hire: protected for 95 years from publication or 120 years from creation.

3. Ownership dynamics differ; employers typically own works made for hire, not the individual creators.

What Happens When Copyright Expires?

Once the term of copyright protection concludes, the musical work enters the public domain, thereby extinguishing the exclusive rights previously held by the creator or rights holder. When copyright has expired, the composition becomes part of the public domain. This shift permits the use of the song by any individual or entity without the obligation to request permission or pay royalties. The creative work may be reproduced, adapted, or incorporated into new projects freely. However, it is critical to distinguish between the underlying composition and any specific recording; the latter may still be protected under copyright, depending on its own expiration timeline. The following table outlines key distinctions:

The Public Domain and Music

Following the expiration of copyright protection, a musical work enters the public domain, where it is no longer subject to exclusive legal rights by the original creator or rights holder.

The public domain status of music means anyone may use, perform, or reproduce the work without compensation or permission. Generally, music published before 1 January 1923 is in the public domain, while works created on or after 1 January 1978 become public domain 70 years after the author’s death.

However, nuances exist:

1. Works by multiple authors are protected until 70 years after the last surviving author’s death.

2. Specific sound recordings of public domain music may remain under copyright.

3. Adaptations or arrangements of public domain music can be separately protected.

Verifying both composition and recording status is essential.

How to Check If a Song Is Still Copyrighted

Determining whether a song remains under copyright protection requires a systematic analysis of its authorship, publication date, and applicable legal durations.

The initial step involves identifying the creator(s) of the musical composition and establishing the date of death for each contributor. In the UK, copyright typically endures for 70 years following the death of the last surviving author.

If the song was published before 1 January 1923, it is generally considered part of the public domain and is no longer protected by copyright.

For works created from 1 January 1978 onwards, copyright persists for 70 years after the author’s death.

Verification can be facilitated through resources such as the UK Copyright Service or relevant music rights organisations, which provide authoritative information on a song’s status.

Key Considerations for Musicians and Rights Holders

Musicians and rights holders must address the challenges of complex ownership structures, particularly when works involve multiple contributors or contractual arrangements such as works made for hire.

Additionally, the duration and enforcement of copyright may vary greatly across jurisdictions, requiring careful management of international rights.

These factors necessitate diligent rights administration to guarantee the best protection and exploitation of musical works.

Navigating Complex Ownership Structures

Ownership structures in the music industry often present intricate legal challenges, particularly when multiple authors, publishers, or entities claim rights to a single composition or recording.

Copyright duration is further complicated when works published involve several contributors, as protection extends until 70 years after the death of the last surviving author.

When works are created as “works made for hire,” the ownership and rights holders may differ, with copyright lasting either 95 years from publication or 120 years from creation.

Complex ownership may also arise when rights are transferred to publishers, dividing control among various parties.

To navigate these complexities, musicians and rights holders should:

1. Identify all individuals and entities with ownership interests.

2. Determine the lead copyright holder for licensing decisions.

3. Monitor the shift of works into the public sphere.

Managing International Copyright Variations

Although international treaties such as the Berne Convention establish minimum standards for copyright protection, significant disparities persist in how individual countries determine the duration and scope of copyright for music.

Copyright duration varies: in the UK and EU, protection generally lasts for the author’s life plus 70 years, while in the US, it may extend to 95 years for works made for hire.

These variations mean that a musical work may enter the public domain in one jurisdiction while remaining protected in another. Rights holders must verify a work’s copyright status in each country where it is used, accounting for local laws and the specific nature of the work, such as adaptations or recordings.

Diligence is required to guarantee compliance and maximise international rights management.

Frequently Asked Questions

How Long Does Copyright Last on Music?

Music copyright duration generally extends 70 years after the author’s death, subject to international copyright laws. Some works require a copyright renewal process. Fair dealing exceptions and public domain music offer notable limitations and alternative usage possibilities.

How Does Copyright Work for Music?

Copyright for music grants exclusive rights to creators, encompassing music licensing, music royalties, and music publishing. Unauthorised use may constitute copyright infringement, though fair use exceptions exist. Rights owners control reproduction, distribution, performance, and adaptation of musical works.

How Many Seconds of a Song Can I Use to Avoid Copyright?

There is no fixed duration of music samples that guarantees avoidance of copyright infringement; fair use and transformative use are assessed on a case-by-case basis. Obtaining licensing agreements is advisable, as unauthorised use, regardless of the number of seconds, carries the risk of legal liability.

Is Copyright 50 or 70 Years?

Copyright duration for music is typically 70 years after the creator’s death, not 50. After this period, works enter the public domain. Music ownership, fair dealing, and licensing agreements are governed by these legal timeframes.

Conclusion

In conclusion, understanding the duration and scope of music copyright is essential for both creators and users. Copyright terms vary by jurisdiction, authorship, and date of creation, with significant differences between the UK and US. Upon expiration, works enter the public domain, permitting free use. Rights holders must remain vigilant regarding ownership, term limits, and public domain status to protect or utilise works lawfully. Accurate knowledge guarantees compliance and maximises the value of musical creations.