2024 is right around the corner, and it is gearing up to be a monumental year for the public domain and intellectual property law in general.
So what is the public domain, and how does it work? Simply put, the public domain constitutes all creative works that are not protected by intellectual property laws due to a variety of reasons, such as being forfeited, waved or, in most cases, expired.
Under current law, creative works that have been copyrighted are protected for either 95 years or, in the case of works created after 1978, the life of the author plus 70 additional years. After this time, the public will have complete access to the material to use however they want without obtaining permission. 2024 is set to be an exciting year, as popular characters that are beloved around the world, like Bugs Bunny and Mickey Mouse, will enter the public domain (though in their original incarnations).
What does this have to do with music? In an industry that is constantly re-using material through borrowed melodies and samples of other works, the expansion of the public domain is always good for artists. For example, as Duke University's Center for the Study of the Public Domain states: "The lyrics and music to Cole Porter's Let's Do It (Let's Fall In Love) were published in 1928 and will be free for anyone to copy, perform, record, adapt, or interpolate into their own song." Additionally, sound recordings that enter the public domain (which differ from compositions like the example shown above) are open for use without obtaining permission, meaning artists can download, remix, or use them in a soundtrack at their discretion.
When works enter the public domain (or are legally obtained and used with permission) they are no longer solitary works, but rather building blocks for new and exciting art. In fact, many of the songs we know and love today are the result of this process.
Does this mean people are going to start listening to century-old music just because it is free? Probably not, but the discussion of the public domain in the world of music is an interesting one, especially when considering the current landscape of copyright infringement claims that have arisen with the prominence of AI.
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