Public Domain Day 2024
By Jennifer Jenkins
Director, Duke Center for the Study of the Public Domain
CC BY 4.0
Note: Please note that this site is only about US law; the copyright terms in other countries may be different.
On January 1, 2024, thousands of copyrighted works from 1928 will enter the US public domain, along with sound recordings from 1923. They will be free for all to copy, share, and build upon. This year’s highlights include Lady Chatterley’s Lover by D. H. Lawrence and The Threepenny Opera by Bertolt Brecht, Buster Keaton’s The Cameraman and Cole Porter’s Let’s Do It, and a trove of sound recordings from 1923. And, of course, 2024 marks the long-awaited arrival of Steamboat Willie – featuring Mickey and Minnie Mouse – into the public domain.
Here is just a handful of the works that will be in the US public domain in 2024. They were first set to go into the public domain after a 56-year term in 1984, but a term extension pushed that date to 2004. They were then supposed to go into the public domain in 2004, after being copyrighted for 75 years. But before this could happen, Congress hit another 20-year pause button and extended their copyright term to 95 years. Now the wait is over. (To find more material from 1928, you can visit the Catalogue of Copyright Entries.)
Click the PDF Link below for full article.
Written by Jennifer Jenkins.
Public Domain Day 2024 by Jennifer Jenkins, Director of Duke Law School’s Center for the Study of the Public Domain, is licensed under Creative Commons Attribution 4.0 License.
Note on Changes: Excerpt taken from Public Domain Day 2014 by Jennifer Jenkins, Director of Duke Law School’s Center for the Study of the Public Domain. Certain segments, in particular “Why Celebrate the Public Domain?” have been reordered. Original footnotes have been removed.
This website is not official legal advice. Instead, it is a summary of United States law relevant to the public domain and a guide to some of the works entering the public domain in 2024.
So You Want to Create a Cover Song?
By Sierra Whitfield
So, you want to create a cover song?
Or, you already have created it, and are looking to release your newest creation out into the world?
Either way, there are some things that you’ll have to take into consideration, and that “thing” is copyright. I know, copyright may seem like it has little to do with music, or the arts in general, but these protections are far more relevant than you might think. It is important to adhere to copyright laws, for not only the artist’s benefit, but also your own. Copyright is all about protecting the value of a creator’s work, by giving the originator of the work the ability to protect it from unlicensed or uncredited usage. This leads to the prevention of their work being copied to the degree where they cannot sell it effectively or receive credit for it. In this way, copyright fosters intellectual creativity as it provides an incentive for a creator to work freely, allowing them to gain recognition for their work as well as protecting their livelihood.
So, an artist holds the rights to his work, to print, publish, reproduce, film etc. this material over a period of years, though they may give this right to others at their discretion or by allowing others to reuse it when other people ask for the owner’s permission. This process of getting consent from a copyright holder to use their creative work is called obtaining copyright permissions. Obtaining permission is often called “licensing”; when you have permission, you have a license to use the work.
And this is how, legally, music covers can exist!
The thought of licensing music may seem like a doozy, especially to someone who’s not used to the copyright permissions process, but once you understand the in’s-and-out’s of the different types of music licenses, you’ll be able to navigate licensing with little challenge.
Types of Music Licenses
Public Performance License: this license is self-explanatory. As one of the most common types of music license issues, the public performance license covers any broadcast of any artist’s work; scenarios include radio broadcasts, background music in public spaces (malls, restaurants, waiting rooms), or live covers in front of an audience.
Print Rights License: this license refers to the musical composition that the artist has written.
Master Recording License: the master right is held by the person or entity who owns the recording of the song. The master license gives the user permission to use the original recording of the song for an audiovisual project, but does not allow the user to use a re-recorded version of the song (i.e. a cover).
Mechanical License: this license covers any physical or digital reproduction of an artist’s work. Though original catered toward physical reproductions such as CD’s, cassettes, and vinyl’s, the existence of the internet and download focus stores like iTunes and Amazon Music has broadened this umbrella to include digital reproductions as well.
Synchronization (Sync) License: this license is necessary when you want “synchronize” music with an audiovisual project such as a YouTube video, music video, commercial, film, and television shows.
So, how do you go about getting licensing for releasing a cover song?
The first question you need to ask yourself is: where do you plan to post it?
Physical/Digital Downloads
If you plan on releasing a cover song on either a physical and/or digital records, then you will need to obtain a mechanical license. This ensures that both the copyright holder is paid and you aren’t sued!
Streaming Platforms
You can upload your cover song directly to streaming platforms utilizing the exact copyright information provided by the original songwriters and publishers. Services like Spotify, Apple Music, and YouTube Music license songs and pay royalties to copyright holders through THE MLC (Mechanical Licensing Collective). Cover artists releasing songs through these platforms do not need to worry about royalty payments.
Playing a Cover on YouTube
You may get away with not acquiring a license to a song posted on YouTube, but if you want to make money off your video, then you need to acquire a sync license. Elsewise, you will put yourself, and your video, at risk of getting a copyright strike. In addition, if you plan to release the song on digital, then the above rules and licenses will also apply.
Now, you are equipped with everything you need to know about cover music licensing. Go forth and release your song onto the platform of your choice!
References
Institute of Art, Design + Technology Dun Laoghaire, Copyright: Why copyright matters and important concepts related to copyright; Creative Commons Attribution Noncommercial 4.0 International License (CC-BY_NC 4.0)