A couple questions about music

[breakaway]

If someone composed classical music in 1922, and I want to use one of his performances of the song in 1930, is that public domain?

Also, if I go on a website that claims to offer a version of the song as public domain, and it actually isn't, would I be liable? I ask because it would be kind of unfair as I would have no way of knowing.

 

[quincy]

If the work was published before 1923, it is in the public domain. If it was published between 1923 and 1963 and not renewed, it is in the public domain. You should do a copyright search to verify that it is in the public domain. You should always assume that something is copyrighted until you know otherwise. Using a copyrighted work, whether you were aware it was still covered by copyright or not, does not prevent you from being sued for infringement. And you do have a way of knowing - it is called a copyright search .

 

[breakaway]

Yes it was originally published before 1923, but the recording that I want to use is after that date. So that is why I'm confused about whether or not it would still be considered public domain.

Also, if someone else performs the song in 1975, would that still be considered public domain?

 

[The Occultist]

I believe then that whoever recorded it, and not who created/performed the work, owns the copyright to that specific recording. I could be mistaken.

 

[quincy]

The particular 1930 version of the published work may have had the copyright renewed, but probably not....do a copyright search to be sure, however. The 1975 version would be copyrighted (check that out, as well, when doing your search), but I see no reason why you couldn't take the 1922 version, which is in the public domain, and make your OWN version of the music. Is that possible?

Just do a thorough copyright search on the music first.