When Do Copyrights Expire on Music?

Music is all around us - streaming services, video games, movies, YouTube, live performances, and many more. We even work with some of the biggest and best brands in retail and hospitality to soundtrack their spaces. But how long is a song legally protected?

Music licensing can be a tricky subject. Let’s explore when music copyrights expire, what “public domain” really means, and the differences between regions like the UK, EU, and the USA.

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What is copyright in music?

• Music copyright covers multiple elements: the composition (melody, harmony etc), the lyrics, and the sound recording.
  
  
• These different elements may each have their own copyright term.
  
  
• Copyright gives creators (composers, lyricists, record labels) exclusive rights to reproduce, distribute and perform their works.

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How long does music copyright last?

Because laws vary by country, when copyright expires depends a lot on where you are or where the copyright is being enforced.

United Kingdom

• Copyright on a musical composition (or lyrics) lasts 70 years after the death of the author/composer, or if there are multiple authors (like co-writers), then 70 years after the death of the last surviving author.
  
  
• Sound recordings (the actual recorded performance) are protected for 70 years from the date of first publication
  
  
• If a work remains unpublished, the term is generally 70 years after the death of the author. For works where the author is unknown, copyright lasts 70 years from creation or, if made public during that time, 70 years from first availability.

European Union / EU Countries

• Similar to the UK in many respects: many EU countries follow the life of the author + 70 years for compositions and lyrics.
  
  
• For performances / sound recordings, Directive 2011/77/EU extended related rights to 70 years after publication or performance in many cases.

United States

• For works by individual authors, copyright generally lasts the life of the author + 70 years.
  
  
• For “works made for hire” (e.g. commissioned works, or some sound recordings if owned by a company), the term is usually 95 years from publication or 120 years from creation, whichever is shorter.
  
  
• Older works have special transitional rules, which complicate things. For example, all sound recordings made before 1923 entered the public domain in 2022 under the Music Modernization Act, with later recordings being phased in over time. Pre-1978 compositions follow different schedules but many are now public domain.

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Special cases and exceptions.

• Joint authorship: term counts from the last surviving author.
  
  
• Sound recordings vs composition/lyrics: these two are separate; even if composition enters public domain, specific recordings may still be under copyright.
  
  
• Transitional provisions: Laws have changed over time, so older music may have extra or reduced protection depending on when it was created, published, or made public. For example, the UK extended copyright in sound recordings from 50 to 70 years in 1995, aligning more closely with EU law.

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What happens when copyright expires?

The work enters the public domain: meaning anyone can use, reproduce, perform and distribute it without permission or royalties.

But remember: even if the composition is public domain, specific recordings (masters) may still be under protection, or there may be neighbouring/performance rights.

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Why does this matter for artists, producers & startups?

Licensing & usage: Knowing when a song has entered the public domain is crucial if you’re planning to use it in your business, marketing campaign or production without a license.

Content creation / games / apps: If you include background music in an app or game, you must either have a license, or use music that has entered the public domain.

By ensuring music is properly licensed, you can be confident in both your compliance and your contribution to sustaining the creative industries.

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How to check if a song is in the public domain.

1. Check the death date(s) of the composer(s)/author(s).
   
   
2. Find out when the sound recording was first published.
   
   
3. Identify the jurisdiction(s) that apply (original country, where you operate, where you distribute).
   
   
4. Use public databases, rights societies, or hire legal counsel if unsure.