How Copyright Works: Returning Works to Public Domain | Berklee Online

In this video, Berklee Online course author E. Michael Harrington explains what public domain means. For something to be considered in the public domain, it has to have been created before 1923. For example, anything that Bach wrote is public domain, so we can use it as inspiration and take portions of it and change it. In the twentieth century, copyright law changed from lasting 28 years to having automatic renewal of copyright. For example, Warner Chappell shouldn’t own “Happy Birthday” because it’s public domain, and should be free from copyright. Dr. Harrington—who has served as an expert witness in high-profile court cases regarding this sort of infringement case—provides several examples of times when people thought a certain song was in the public domain, only to be sued after finding out that the song was protected by copyright.

About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.

About Berklee Online:
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Copyright Law | E. Michael Harrington | Public Domain | Copyright Infringement | Happy Birthday | Music Business | Berklee Online | Berklee College of Music | Music Business Law

[charlesjames]

I hope you are correct. I think you are. A few years ago a local small town bar owner was forced out of business because he put happy birth day on his karaoke machine. The local musicians union brought in lawyers from ASCAP and sued him out of business. ASCAP made millions out of this fraudulent copyright. Thanks

[sirgrandmastermrkingrober]

Good work at School..Counselor, lol. Yikes it's great to see the legal minds at work Defending all artworks, music, works, & of course Class, "all", lol. We know the timespace specifications at School (aroaa), our eternity terms.
I wish to add someday to this great Lawyer's EUD work here, regarding public domain, and its purpose & various points.
Good voice too for this guy, right on key to Bach, yay!😊❤🔒

[SirMatthewT]

Very helpful video! Getting ready to work on Christmas music, knowing how to use public domain songs will be essential for the project. Thanks for posting!

[Magicguy]

thank you for sharing this valuable information

[drummerjohnforyou]

I have an interesting little fact about something. Military bands when they made it records back in the day, they can do anybody song even modern music and not have to pay a copyright! But I think that rule has been changed and now they have to abide by the copyright laws and rules now?

[PianoJesus]

Is Live-streaming public domain music allowed to play on instrument on however you play it? Stuff like classical can you play instrument on livestream or uploading?

[XxXxLEOnARDxXxX]

How do I make Shure if something is under public domain or comfy right?

[f.puttstycker]

Question for you sir regarding old letters. Which version of the law applies?

[kumada]

3:00 I can't find any information about Publix and Lover's Concerto. Does anybody know what the outcome of that situation was? It would have been nice if that had been included in the video - without talking about the result, the story is pointless.

[roykaleh]

Hey wanted to ask if im covering Silent Night which is public Domain, should i still go through my license distributor (distrokid) I am just a bit confused about having to put the information through distrokid. Any advice? Thank you hope to hear back soon

[kelvinsantiago]

Does that mean that i must first copyright my creations and then add them to the public domain?

[privatename]

Public domain websites like Nasa are free for use for commercial purposes for anyone in the world or only for US citizens?

[drweiss]

What about Stevie Wonder birthday song is it copyrighted

[huaweios]

can a site let youtube index public domain videos to then send out copyright claims to users of that footage ??

[alulim]

does anyone know how to apply a public domain mark to my book? if i want to use a painting from the public domain for the book cover.

[loreloreinaace]

Thank you for your knowledge, information and willingness to educate us regarding these obviously tricky situations legally. I’m interested in bringing a series of books from the Public Domain about female courage and wisdom, to support women currently facing our challenges in these times. I found one I’d like to start the project with, so I need to learn the legal steps necessary to assure I’ll be working within the law. Can you direct me to the best websites I’d be able to learn what I need to know for the most efficient effective flow forward with my vision?

[patjohnson]

Napolean Hill, Think and Grow Rich, in the Public Domain? Is this how to
properly use it? I thought it had to be prior to 1923? Thanks!
I see people taking Think and Grow Rich and using it and this is printed in it:


Published 1938 The Ralston Society, Meriden, Conn.
Copyright© 1937 by Napoleon Hill
This book is a reproduction of the complete and original 1937
version of Think and Grow Rich by Napoleon Hill, originally
published by The Ralston Society and now in the public domain.
This edition published with an original cover design by Zizi
Iryaspraha S. with original foreword and additional Real Estate
materials by Tim & Julie Harris. This edition is neither
sponsored nor endorsed by, or otherwise affiliated with, the
Napoleon Hill Foundation, The Ralston Society, or any other
person or entity

[antovald]

So for example...

If Superman becomes public domain; it would be the classic Superman. Each year that passes another story of Superman becomes public domain, and so on, and so forth.

Now do i have to use that specific version of Superman, or am i able to create my own version?

[heather]

If I write a book and use a public domain photo for my cover or in the book, can I still copyright my book without problems

How about if I give credit?

[stagehand]

I recorded kumbaya with different lyrics and called it a different name on my cd which is for sale. Is that legal? Thank You