SAMPLED

Rights, royalties and the business · updated 2026-08-16

PUBLIC DOMAIN

Work whose copyright term has expired or never applied. In the U.S. this is a moving line, so check the term rules before you sample.

A singer signing a music publishing contract with a publisher across a table — the deal paperwork behind the rights, royalty and publishing terms defined here.
Rights, royalties and the business — A singer signing a music publishing contract with a publisher across a table — the deal paperwork behind the rights, royalty and publishing terms defined here.

Photo: Katherine Jenkins signing her publishing deal at Rive Droite Music (opens in a new tab) by Danott (opens in a new tab), via Wikimedia Commons — CC BY-SA 3.0 (opens in a new tab)

Key takeaways

  • Work whose copyright term has expired or never applied.
  • In the U.S. this is a moving line, so check the term rules before you sample.
  • In the US, works published before a rolling cutoff have entered the public domain, but a modern recording or arrangement of a public domain composition carries its own separate copyright.
  • The composition of a nineteenth-century folk song may be free while a 1970s recording of it is fully protected.
  • Watch out: sampling an old-sounding recording because the underlying song is old.

Quick checklist

  • Can you define public domain in one sentence without looking?
  • Can you point at public domain in a real session, mix or contract?
  • Have you tried the practical move above at least once?
  • Would you catch the common mistake before it costs you a take?
  • Have you opened one of the primary sources below rather than a forum thread?

PUBLIC DOMAIN IN DEPTH

Public domain works are free of copyright and can be used without permission. In the US, works published before a rolling cutoff have entered the public domain, but a modern recording or arrangement of a public domain composition carries its own separate copyright.

How it works in practice

The composition of a nineteenth-century folk song may be free while a 1970s recording of it is fully protected.

The mistake people make

Sampling an old-sounding recording because the underlying song is old. The recording is a distinct work with its own term.

WHERE PUBLIC DOMAIN SITS

Public domain belongs to rights, royalties and the business in the Sampled music glossary. The words on your split sheet, your distribution dashboard and your royalty statement.

TEST YOURSELF

0/3 answered · 0 correct

3 quick questions on public domain. Answers are marked instantly — nothing is sent anywhere.

  1. 1. Which statement best describes public domain?

  2. 2. What is the mistake people most often make with public domain?

  3. 3. In practice, which of these applies to public domain?

Ready for the full thing? Take the 25-question terminology test and get a certificate with your name and score.

SOURCES AND CITATIONS

Free, primary references for public domain — standards bodies, manufacturers, government offices and university course material. Each one lists the line of this entry it backs up.

  • U.S. Copyright Office — Circular 15a (opens in a new tab)

    Government registry · U.S. Copyright Office

    “Work whose copyright term has expired or never applied.”— the claim this source supports

    Why it counts: This is the office that actually administers the right being described, so its wording governs in a dispute.

  • WIPO — copyright (opens in a new tab)

    Intergovernmental body · World Intellectual Property Organization

    “In the U.S. this is a moving line, so check the term rules before you sample.”— the claim this source supports

    Why it counts: WIPO sets out how the right works across borders, which is where most confusion about the term starts.

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