What is "Public Domain"?

Public Domain music refers to musical works that are no longer protected by copyright law, meaning anyone can use them freely without needing permission or paying royalties. 

In the United States, this generally includes songs whose music and lyrics were published more than 95 years ago. For the exact dates, please refer to pdinfo.com. 

These works can be legally recorded, performed, distributed, and monetized without a license for the original composition. 

Can I distribute public domain music through CD Baby?

CD Baby allows distribution of recordings of public domain compositions, but does not accept public domain sound recordings for distribution.

A composition is the underlying song—the music and lyrics. A sound recording is a specific recorded performance of that song. These are separate works, and each has its own copyright status.

You can create and submit your own recording of a public domain composition, provided you own or control the rights to your recording and meet CD Baby’s other distribution requirements. However, you cannot submit an existing sound recording that is itself in the public domain, even if it is legally available for anyone to use.

For example, your own new recording of a public domain classical piece may be eligible for distribution. A historical recording whose sound recording copyright has expired is not accepted by CD Baby.

Important legal considerations

• Composition vs. recording
  • Just because a song’s composition (melody and lyrics) is public domain doesn’t mean every recording of that song is free to use. Modern recordings, arrangements, or adaptations may be under copyright.
• New versions can be copyrighted
  • If someone creates a new orchestration, remix, or performance of a public domain piece, that version can have its own copyright — separate from the original.
• Geographic differences
  • Public domain status can vary by country. A song that’s public domain in the U.S. might still be under copyright elsewhere, which can affect international distribution or streaming.
• Claiming authorship
  • Even when a composition is public domain, you cannot claim to be the original songwriter. Attribution may still be required, especially for moral rights in some jurisdictions.

Best practices for using Public Domain music

• Verify the status of both the composition and the specific recording.
• Use reputable databases or copyright registries to confirm eligibility.
• Submit a recording you own or control. If you want to distribute a public domain composition, you can create your own recording of it. CD Baby does not accept sound recordings that are themselves in the public domain.
• Credit appropriately, especially when moral rights or local laws require it.

A note for international artists

• CD Baby is a U.S.-based company, so it follows U.S. copyright laws.
• A song might be public domain in your country, but not in the U.S..
  • In that case, CD Baby will treat it as a cover song, and you’ll need to follow licensing rules.