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Is Classical Music Copyrighted?

 

The copyright for classical music typically follows the formula of the author’s lifetime plus 70 years. That means that works by famous classical music composers such as Vivaldi, Mozart, and Beethoven are all in the public domain. However, if you’re looking to use a classical music piece in the soundtrack of a film, podcast, streaming video, or other media, you will have to make sure that you have the rights to use the particular recording, not just the composed work.

How The Public Domain Works

Classical works within the public domain can be freely used by any content creator. Fortunately, many types of classical music are included within this category, which means you’re free to use them as you please. However, you should first understand how works end up in the public domain in the first place.

Every country has its own unique copyright laws. In the U.S., works that cannot be copyrighted are within the public domain. This includes works that were once copyrighted but have since expired.

Generally, any work published in the U.S. before 1928 is free for public use. For works published between 1928 and 1989, you must consider their original copyright status. If the musical piece was published between 1928 and 1978 and had no copyright notice, it’s free to use. If work published during this period was copyrighted, it will be protected up to 95 years after the date of publication.

When it comes to works that originated after March 1st, 1989, protections last 70 years from the death date of the original author.

 

 

Understanding Copyright Laws and their Application

In addition to the laws regarding the public domain, you must also understand the different types of copyright laws. One law covers the actual arrangement of music as created by the composer or musician. However, the advent of recording devices created a second type of copyright, which covers the actual recording of the piece. 

Accordingly, it’s possible for a classical work to be within the public domain, while the recording of the music is not. In this case, the work would need to be replicated by new musicians to create a new recording, which could then be protected by its own copyright laws. You can also search for a copy that is not copyrighted, which would then be free to use, provided the original arrangement was not subject to existing protections.