When is music legal to copy, perform or record?

The Public Domain

When Music Enters Into The Public Domain

Date of Work	Protected	Term
Published before 1923	In public domain	None
Published from 1923 to 1963	When published with notice³	28 years + could be renewed for 47 years; now extended by 20 years for a total renewal of 67 years. If not so renewed, now in public domain
Published from 1964 to 1977	When published with notice	28 years for first term; now automatic extension of 67 years for second term
Created before 1978 but not published	1-1-1978, the effective date of the 1976 Act which eliminated common law copyright	Life + 70 years or 12-31-2002 whichever is greater
Created before 1978 but published between then and 12-31-2002	1-1-1978, the effective date of the 1976 Act which eliminated common law copyright	Life + 70 years or 12-31-2047 whichever is greater
Created 1978 or after	When work is fixed in tangible medium of expression	Life + 70 years¹ or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation²

¹ Term of joint works is measured by life of the longest-lived author.

² Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C. § 302(c).

³ Under the 1909 Act, works published without notice went into the public domain upon publication. Works published without notice between 1-1-1978 and 3-1-1989, effective date of the Berne Convention Implementation Act, retained copyright only if registration was made within five years. 17 U.S.C. § 405.