Tuesday, March 5th, 2024.
Hey, it’s TJ Miller, “You want some game?” Let's #tipundathehat!
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Unda The Hat is now doing affiliate marketing for Amazon. “As an Amazon Associate, I earn a commission from qualifying purchases.” We feature musical equipment, OG music band Tees & merch, games, and books. This week's Amazon feature is Rachannis
Can I use that or nah…? & Vision - Let’s Geaux -
First and foremost, I hope that everyone exercised their right to vote today. Voting lines were exceptionally long here in Texas, catching most of us off guard, especially me. Additionally, the Facebook and Instagram outage this morning contributed to a very eventful day.
So let’s get to it. If you want to utilize previously recorded music, it is essential to contact the copyright holder. Utilizing a copyrighted work without permission constitutes copyright infringement. The copyright holder has the legal authority to take action, including filing a copyright infringement notice. A civil lawsuit could result in significant financial liability, potentially amounting to thousands or even millions of dollars in damages. The case of Robin Thicke and Pharrell Williams vs. Marvin Gaye Estate should serve as a great example. Until a work enters the public domain, just get your coins ready to pay…you are going to pay! Because if your song “blows up,” and it’s determined that the groove, the feel, and the chord progressions are the same, in the words of Marvin Gay you got to give it up. See what I did there…..?
Public domain music refers to musical works that were never protected by copyright or have surpassed the copyright term, making them freely accessible for use by anyone without seeking permission or making payments to copyright holders. Public domain works offer significant advantages, as they can be remixed, covered, sold, or utilized in any desired manner without requiring authorization from the author, creator, or current copyright owner. However, it is important to note that certain situations may arise where copyright infringement can occur. For instance, if a song enters the public domain and an individual creates a cover of that song with their own interpretation, any subsequent versions or remixes based on that cover may infringe upon the copyright of the latter work. It is crucial to limit interpretations of the original song within the public domain. This principle applies not only to music but also to sheet music, particularly relevant for bands, choral groups, and jazz ensembles.
Every year on January 1st, we commemorate Public Domain Day alongside the celebration of the New Year. This significant date holds particular importance for educators, students, and creative minds, as it marks the day when copyrights expire, allowing works to enter the public domain and become freely accessible to the public.
This year, a substantial number of copyrighted works from 1928, as well as sound recordings from 1924, will enter the US public domain. These works will be available for public use. Moreover, 2024 marks the highly anticipated release of Steamboat Willie, featuring Mickey and Minnie Mouse, into the public domain.
In the United States, music from 1926 and earlier is considered public domain. Additionally, music from 1926 to 1977 is also in the public domain if published without a copyright notice. I use the term the United States because other countries have their copyright laws, so make sure if you travel abroad a lot that you know the law.
Several factors can contribute to a work entering the public domain:
- Copyright Expiration: In the United States, the copyright term for music generally extends for the author's lifetime plus an additional 70 years. Once this period expires, the music enters the public domain.
- Dedication to the Public Domain: Certain composers or copyright holders may intentionally relinquish their exclusive rights by dedicating their work to the public domain.
- Government Works: Works created by U.S. government employees as part of their official duties are not eligible for copyright protection and are considered public domain.
- Lack of Copyright Formalities: In some cases, music may enter the public domain due to failure to comply with copyright formalities, such as proper registration or renewal.
Additional rules to consider include:
- Works published before March 1989 are in the public domain if the copyright was not registered within five years of the publication date.
- Works published before 1964 are in the public domain if the copyright was not renewed 28 years later.
- Any song or other work first published between 1930 and 1963 whose US copyright was never renewed is now in the public domain.
You can search for public domain songs on websites such as SongSelect by CCLI. You can also utilize Creative Commons licensing, which allows users to access music free of charge, and has a search feature.
Public domain music is an awesome resource for creators and users. You can use it to make your own music, videos, or whatever else you want without having to worry about copyright infringement. It's like a big, free buffet of music. So, go ahead and dig in!
This week's #IAOTW - Independent Artists Of The Week is - Rachannis
Born and raised in Motown, Rachannis coins her wave as Cosmic Soul, resonating euphoric experiences, and inviting listeners to dive all the way
Click on the name link, scroll down to the picture, and then click, and support. For more information on this or to hire Unda The Hat as your brand or label consultant send a message via undathehat.com. If you are an Indie artist and want to be featured, hit me up. See you next week!!