Volume 1 No. 4
September, 2004
Published by UniqueTracks Production Music
Written by John Bickerton - Creative Director

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The Public Domain
A Guide For Media Producers

What do these creative works have in common?

• Beethoven's Fifth Symphony
• Hamlet
• Moby Dick
• Oh Susannah
• America the Beautiful
• Tarzan
• Alice in Wonderland
• Sherlock Holmes
• The Complete Works of Edgar Allan Poe

Answer: They are no longer protected by copyright law and are free for all to use. They are classified as being in the Public Domain.

These works and billions like them; books, artworks, photos, songs, movies and more, are available to the public at no charge because their copyrights, trademarks or patents have expired or somehow, been nullified.

Generally speaking, US publications prior to 1923 are in the public domain. So you won't find the latest bestsellers or any top ten hits. You will find the classic books from the start of this century and previous centuries, as well as the great musical masterworks from Bach to Tchaikovsky.

Copyright Limits
In the United States, works published with a copyright notice from 1923 through 1977 are protected for 95 years from the date of publication.  Those published in 1978 or thereafter are now protected for 70 years after the death of the creator, as are those in the European Community.  In Canada and other countries the period is life plus 50 years.

Misconceptions about Public Domain works
True or False – Since Tchaikovsky's masterpiece, Swan Lake, was composed in the 19th century and is now in the public domain, it can be freely used as a soundtrack in video or multimedia presentations.

The answer is True AND False

It is true that Swan Lake is no longer under copyright and the music can be freely used without seeking permission from a publisher.  In other words you don't have to pay anyone to acquire synchronization rights to be able to use the music of Swan Lake.

However, if you use an existing recording of Swan Lake in your work, that recording is protected by copyright and you would need to get permission from the record company to use it.

So yes, Swan Lake is a public domain work and you could use it for free if you assembled your own ensemble of musicians and recorded your own version of it.  But if you use someone else's recorded version, you would need permission from them to be able to use their recording in your production.

Here's a quick rule of thumb when using music, images, graphics, or texts in your productions... If you didn't personally create it, then you need permission to use it in your work.

For a detailed article about copyright permissions, Master Use and Synchronization Rights, see the July 2004 issue of Underscore

UniqueTracks Classical Masters Series
All of the classical music in the UniqueTracks Production Music Library is in the public domain.  When you purchase a license from us, you are acquiring very broad master use rights to use the recordings in any of your projects and products with no further licensing or payments to us.

With our classical recordings, you'll be adding rock solid, time-tested melodies that have moved listeners for generations. Included in our series are movements from Tchaikovsky's famous ballets "The Nutcracker (Suite)", "Swan Lake", and "Sleeping Beauty", the famous "Blue Danube Waltz" by Johan Strauss, Mozart's "Eine Kleine Nachtmusik" Vivaldi's brilliant "Gloria" for choir and orchestra, numerous solo Piano Waltzes by Chopin, the "Pastoral" by J S Bach, and Schubert's "Fifth Symphony".

If your multimedia production needs require sophisticated, refined classical background music, there is simply no better value available for sale today than UniqueTracks' Classical Masters Series. You can order the complete 8 Volume Set, a 4 Volume Series or any single volume of your choice.

Public Domain Sites, More Information

Project Gutenburg - A great site of public domain literature, Project Gutenberg is the oldest producer of free electronic books (eBooks or etexts) on the Internet. All may be freely downloaded and read, and redistributed for non-commercial use.

Copyright Confusion by Neil Wilkinson
Clear and concise discussion of copyright from WritersWeekly.com

United States Copyright Office - Library of Congress. Lots of copyright information, also tells how to register your own work for copyright.

UniqueTracks Site Information

UniqueTracks Homepage
UniqueTracks MP3 Downloads
UniqueTracks CD Library

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Written by John Bickerton
Creative Director, UniqueTracks.com
(c) copyright 2004 UniqueTracks.com
PO Box 150414, Van Brunt Station
Brooklyn, New York 11215
USA