Music is considered to be in the public domain if it meets any of the following criteria:
In the U.S., any musical works published before 1922, in addition to those voluntarily placed in public domain, exist in the public domain. In most other countries, music generally enters the public domain in a period of fifty to seventy-five years after the artists' death. (Public domain rights must be verified for each individual country.) It is important to note the distinction between "musical works" (sheet music and other compositions) and "sound recordings" (audio files, CDs, records), as virtually all sound recordings will not fall into public domain until 2067, unless explicitly placed into the public domain by its creators or made by an employee or officer of the United States Government acting under their official duty.
If a piece of music does not fall within public domain and is under copyright, then it is unlawful to:
Note that under compulsory license laws, some of these actions may in fact be lawful, but the infringing party would then be liable for any royalty the copyright holder may charge for the use of their work.
For more information on general public domain, see Public Domain.
Inherently, all historical musical works (pre-1922) are public domain. Classical sheet music, for example, is widely available for free use and reproduction. Some more current works are also available for free use through public works projects such as Internet Archive. This and similar projects aim to preserve and make readily available thousands of public domain music files, many of which have been recorded by projects dedicated to recording music for public use.
The Creative Commons is a nonprofit organization created for the purpose of housing the public domain. The Commons allows copyright owners to dedicate their works to the public domain either immediately or, with the "Founders' Copyright" (originally created in the first copyright law in 1790), can obtain an exclusive license for 14 or 28 years (if renewed) of copyright protection in exchange for selling their work to the Commons for one dollar after that protection has expired. Copyright owners can fill out an online application at https://creativecommons.org/ in order to apply.
Public domain musical works and recordings can be loaded onto the website.
Classical sheet music, for example, is widely available for free use and reproduction. Some more current works are also available for free use through public works projects such as Internet Archive. This and similar projects aim to preserve and make readily available thousands of public domain music files, many of which have been recorded by projects dedicated to recording music for public use.