When does music enter the public domain? Songs and recordings in the US, UK, EU and India, and the traps

A song becomes free when its copyright ends, but "the song" means two things: the composition (melody and lyrics) and each recording of it. They run on separate clocks, every country sets its own, and an old tune being free tells you nothing about the arrangement or the record you actually want to use.

This is a practical guide, not legal advice. It covers the US, UK, EU and India as we read the law on 24 Oct 2026. For this year's specific list of newly free US songs and recordings, see our news piece on public domain 2026 for musicians.

Two clocks in every record

Each record contains two copyrights: the composition and the sound recording (our explainer on the two copyrights in every song covers who owns which). Each one expires on its own schedule. Duke Law's Center for the Study of the Public Domain gives the standard example. "Georgia on My Mind" (1930) entered the US public domain on 1 Jan 2026 as a song, but later recordings of it, such as Ray Charles's, are still protected.

So the first question is never "is this song public domain?". Ask instead: is the composition free, and is this particular recording free, in the country where I release?

How long protection lasts

United States

For works created on or after 1 Jan 1978, 17 U.S.C. § 302 sets a term of the author's life plus 70 years, and for joint works it runs from the death of the last surviving author. Older published works that were still in their renewal term in 1998 got "95 years from the date copyright was originally secured" under § 304(b). That rule is why a new year of songs, counted by publication date, goes free every 1 January.

Recordings fixed before 15 Feb 1972 have their own schedule in § 1401. Recordings first published from 1923 to 1946 get 95 years plus a five-year transition, which comes to 100 years. Recordings from 1947 to 1956 get 95 years plus 15. All other pre-1972 recordings stay protected until 15 Feb 2067. That is why Duke reports that 1925 recordings went free in 2026, while ordinary 1930 recordings wait until 2031.

United Kingdom

Under section 12 of the CDPA, copyright in a musical work "expires at the end of the period of 70 years from the end of the calendar year in which the author dies". For joint works the term generally runs from the death of the last author to die. Recordings fall under section 13A. The default term is 50 years from the end of the year the recording was made. If the recording is published within that window, protection lasts 70 years from the end of the year of first publication.

European Union

Directive 2011/77/EU did two things that matter to musicians. First, it made a song with words expire "70 years after the death of the last of the following persons to survive": the lyricist and the composer, provided both contributions were written for that song. Second, it extended rights in published recordings to 70 years from first publication. It also added a "use it or lose it" clause. If a label neither sells copies in sufficient quantity nor makes a recording available online 50 years after publication, the performer can end their contract, and the label's rights in that recording expire. Each member state writes these rules into its own law, so check the national statute for a specific case.

India

Musical and literary works last for the author's life plus 60 years, and sound recordings for 60 years from publication, as SpicyIP summarises sections 22 and 27 of the Copyright Act, 1957. In practice this means old film-song recordings go free well before their tunes and lyrics do. A Bar & Bench commentary on Bignet Solutions v. Novex (Delhi High Court, 2025) notes that a recording first published in 1965 completed its term at the end of 2025. It also notes that Novex said it does not assert copyright over recordings published before 1965. The court did not rule broadly on the merits, though. SpicyIP also points out that it is still unsettled whether the underlying music and lyrics remain protected when the recording has gone free. Treat the composition as protected until its own term ends.

The traps

1. A free song, a protected arrangement. In the US, a new arrangement of an old tune is a derivative work. Under § 103(b), the arranger's copyright covers only "the material contributed" by that arranger and "does not imply any exclusive right in the preexisting material". That cuts both ways. You can use the public-domain melody, but not someone's later chord voicings, added lines, new lyrics or published edition. Work from the earliest source you can find, such as the original sheet music, and avoid modern songbooks and charts.

2. A free song, a protected recording. The song being free does not free any record of it. Under the US recording rules, a 1960s recording of a 1920s standard can stay protected until 2067. Sampling it needs the master owner's permission, even if you don't need to license the composition.

3. A free recording, a protected song. The reverse also happens. In India a recording can go free while the song on it is still protected. In the US an early recording can go free while a later published version of the composition, with new material, is still protected.

4. Free in one country, not in the next. A song published in 1930 is free in the US. In the UK and EU it stays protected until 70 years after its last writer dies. Streaming services and distributors release worldwide, so a "public domain" cover uploaded everywhere can still infringe in some territories.

5. Remasters and reissues. A cleaned-up reissue may carry new claimed rights, in the restoration or in a later publication. Use a source whose date you can verify, and keep a record of where your copy came from.

6. Content ID does not know the law. Automated systems match audio, not copyright terms. Expect claims on public-domain material, especially where a label has registered a later recording. Our Content ID guide covers how to dispute them.

A quick checklist

1. Write down the composition: its writers, their death dates, and its first publication date.
2. Write down the exact recording you want: who made it, and when it was first published.
3. Work out both terms for every country you will release in.
4. If anything is borderline or unknown, record your own version from the original score. That deals with the recording question, but not with any arrangement you copy.
5. Keep your evidence (dates, scans, links) with the project files.

What we think

The public domain is the oldest free sample library there is, and artists should use it more confidently than they do. Most of the risk comes from mixing up the two clocks: people treat "the song is free" as if it meant "this record is free", and "free in the US" as if it meant "free everywhere". If you get those two things right, the rest is paperwork.

We also think the arranger trap deserves more respect than it gets. The arranger whose voicings you copied out of a modern songbook is a working musician, and § 103 protects exactly their contribution. The artists-first approach is to go back to the original source, make your own arrangement, and add something new. That is also how the public domain was meant to work.

Finally, the EU's use-it-or-lose-it clause is a quietly pro-performer idea that other countries could copy. If a label keeps a recording but won't release it, the people who made it should be able to get it back.

FAQ

Is a song public domain everywhere once it is free in the US? No. The US counts older works from publication. The UK and EU count from the death of the last writer, and India uses life plus 60, so the same song can be free in one place and protected in another.

Can I sample a 1925 recording in the US? According to Duke CSPD, US recordings from 1925 entered the public domain in 2026. Check that the composition on the record is also free, or license it.

If I re-record a public-domain song, do I own anything? In the US you own your new recording, plus any original material you add, but not the underlying tune (§ 103(b)).

Does an old film-song recording being free in India free the song too? Not necessarily. The underlying music and lyrics have their own life-plus-60 term, and the question is not settled.