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. 

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.
• When in doubt, create your own recording — your performance can be licensed even if the composition is 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.