Jason Smith

I’ve been thinking about when songs will enter the public domain. I thought, surely, the music from the 50’s must be near becoming public domain. I was wrong.

• Works created after 1/1/1978  -  life of the longest surviving author plus 70 years.
• Works registered before 1/1/1978  -  95 years from the date copyright was secured.
• Works registered before 1/1/1923 - These works are in the public domain.

So let’s look at a few possible songs and see on a time-line when they will enter the public domain. I have shown when the song was written/recorded.

• 2030 - Happy Birthday (1930)
• 2035 - This Land Is Your Land by Woody Guthrie (1940)
• 2060 - Pride & Joy by Stevie Ray Vaughan (1983)
• 2061 - Purple Haze by Jimi Hendrix (1966)
• 2066 - Imagine by John Lennon (1971)
• 2080+ - Let’s Dance by David Bowie (1983)

With the newest set of laws there are some weird things that happen. The work from Stevie Ray Vaughan’s first album will be in the public domain BEFORE the work of Jimi Hendrix. One of Vaughan’s biggest influences. Hendrix enjoyed rules giving him 95 years of copyright, and Vaughan only received 70 after his death. The David Bowie song, Let’s Dance, has a ways to go. Vaughan played guitar on this song, but will enjoy copyright protection until after I am 100 years old. The 2080 number is based on David Bow dying today.

In summary, some early folk music, and swing music I like will be copyright free when I am in my 40’s. Music written in the 60’s in my 80’s, and anything written when I was born will not be open to me because I will in fact be dead. This really feels restrictive, and I’m not sure what the solution is.

*Disclaimer - I do not know the exact details of the copyright arrangements of any of these songs. I am guessing. Someone should make an easily searchable tool that tells you when a song, or published work, will enter the public domain.