I have had versions of the conversation that follows with many authors and publishers over the years. What you see below addresses many of the issues you need to consider when trying to determine what music may be available in the public domain. (Note: I am not an attorney and this should not be considered legal advice. I am just someone who spends a lot of time dealing with copyright issues and researching the applicable laws. I may not have all of the answers, but I at least know most of the questions.)

I am turning my book into an audio book, and I want to add music to it. I have an English-language recording of a traditional German folk song from the 1800s that fits my book perfectly. Because the song is so old, there would not be any copyright issues with using it, would there?

There are several issues that must be considered before you use the song. First of all, copyright laws in other countries are not necessarily the same as in the United States. This song is old enough that it is probably in the public domain both in the U.S. and Germany.

However, the recording you have probably is not. The performers of the song would hold a copyright on the recording of the performance. Unless the copyright has expired or otherwise does not exist (e.g., the copyright holder chose to place the work in the public domain), you would need permission from the artists to use their work.

It would be more work, but I guess I could record the song myself. I have sheet music my band can use.

Not so fast, Sparky. The arrangement in that sheet music may be covered by copyright. Performing and recording the song, as written in the sheet music, may require permission from the arranger.

<Sigh> OK, so my band and I will come up with our own arrangement. Do you see any problem with that?

At least one. You mentioned that you are planning to use an English-language version of a traditional German song. Is the translation of the lyrics copyrighted? Even if the original work is not covered by copyright, the translator may hold a copyright on his or her translation.

These points may seem like nitpicking, but they matter to the copyright holder. As someone who creates intellectual property, you would not want someone using your work without your permission. Extending the same courtesy to others is not just the friendly thing to do, it is the law.

There are lots of copyright, public domain and other intellectual property law issues that require consulting with an attorney to understand how the law applies. However, having a basic understanding of copyright law can avert many problems and help you figure out what questions you need to ask and when you need to get an attorney involved. If you want to know more about determining the public domain status of a work, my favorite reference is The Public Domain: How to Find & Use Copyright-Free Writings, Music, Art & More by Stephen Frishman. Get your copy now at Amazon.com.

You may know that works such as books, photos, movies and music are covered by copyright. Current copyright law covers a work for the life of the author plus 70 years (in the U.S.). However, copyright did not always last this long and there are many works on which the copyright has expired.
For example, under U.S. law, works published before 1923 are in the public domain. Works published between 1923 and 1963 are in the public domain if the copyright was not properly renewed.

Anything published after 1963 is probably still covered by copyright. There are a few exceptions, such as some works that were published before March 1, 1989 without a copyright notice, and works created by employees of the Federal government. (There are lots of loopholes to the lack of copyright notice issue though, so do not rely on this without professional advice.)

There is information about determining the copyright status of a work at http://www.copyright.gov/. You can also hire a firm, such as Thomson & Thomson, to do a search of the records for you.

Once you have determined that a work is in the public domain, you can use it freely. For example, if a book is in the public domain, you may:

1. Republish the book in print or as an ebook without any changes. The work remains in the public domain and others may also use it.

2. Make modifications to the book and republish it. The changes might include updating language and examples, or adding commentary. Although the original work remains in the public domain, your new material may be copyrighted.

3. Completely revise the book. This creates a derivative work and you would claim copyright on the new work.

4. Create a derivative work in another form, such as a screenplay. You would own the copyright on the new work.

5. Record an audio version of the book. Although the book would still be in the public domain, you would own the copyright on your recording of the work.

6. Break up the work into short ebooks or articles. You can use the work as written or revise it. Breaking up the work does not create a new work that can be copyrighted, but if you write new material or substantially revise the public domain work, you may claim copyright on your work.

These ideas are just the beginning. You can use public domain works any way you wish.

Think there is nothing of value to be found in the public domain? A book called “The Science of Getting Rich” was written in 1910 by Wallace Wattles. Rebecca Fine has created a profitable business from that book at http://www.ScienceOfGettingRich.net/. And have you heard of a little book and DVD called “The Secret”? They have sold gazillions of copies (OK, that may be a slight exaggeration) and “The Secret” was based on “The Science of Getting Rich.”

Want to learn more about making money with public domain works and other content? Go to http://www.CashContentFormula.com/ to find out how you can make money with content you create as well as content created by others.

Read an explanation of how works enter the public domain.

When you find a work that you believe is in the public domain, take steps to verify its status. Read an overview of what is required to investigate the public domain status of a work.

So you found a work that is in the public domain–now what do you do with it? Here are some suggestions on how to profitably use a public domain work.

Reprint the entire manuscript as a book. Or group it with other public domain works.

Make it an ebook. Put the book in a PDF file, then sell it from your Web site or give it away as a viral marketing tool. For example, give it away when someone subscribes to your email list.

Make changes to the work before publishing it. Instead of republishing the original book, make revisions by adding sections, updating information and language, offering commentary, etc.

Incorporate sections of the public domain work into your work. Include quotations or other material from the public domain in books, articles and other writings.

Convert the public domain work into another form, such as turning a novel into a play or movie script.

Put content from the book on your Web site. Create pages with several hundred words from the original work, and monetize them with Google AdSense, affiliate links or other advertising.

Use public domain content in the articles you write for your Web site, newsletters and article directories.

Record the public domain work and make it available as an MP3 download or on CD.

Books in the public domain may be used as you wish, without permission and without paying royalties to the original authors. However, when using public domain works, be aware of these issues:

Research carefully to verify that the work is in the public domain. The status is not always clear.

Photographs and illustrations in the original book may not be in the public domain, even if the text is.

Although you are not required to credit the original author, it is wise to do so. Representing something as your own original work may cause readers to question your integrity when they discover it was written by someone else. Give credit to the original author.

Additional Public Domain Information

As the IdeaLady, Cathy Stucker helps authors, entrepreneurs and professionals attract customers and make themselves famous with creative techniques that make marketing easy, inexpensive and even fun! Get free tips on marketing, publishing and more at http://www.IdeaLady.com/

The first thing to consider is the copyright date. This is usually found on the back of the book’s title page and will be in a format such as, “Copyright © 2006 John Author.”

If the work was created in 1978 or later (it does not have to be published), the copyright lasts for the life of the author plus 70 years, so the work would not be in the public domain.

Works published between 1964 – 1977 have copyright protection for a period of 95 years from the date of first publication, so they are not in the public domain.

Works published before 1923 are in the public domain.

Works published between 1923 and 1963 are covered by copyright for a period of 95 years, if the copyright was renewed. It is estimated that the copyrights for about 85% of printed works were not renewed. The trick is determining if the work you wish to use was renewed and is still protected by copyright, or if it has entered the public domain.

Although it is possible to research the copyright records yourself, it is wise to invest in a search by the Library of Congress or another knowledgeable party. Verifying that a work has passed into the public domain may involve checking several sets of records. There are other factors that may affect the public domain status of a work, and there are different rules that apply to foreign works. What is public domain in one country may still be covered by copyright in another.

Copyright records since 1978 are online at http://www.copyright.gov/records. If the work was published in 1950 or later, you may find the renewal in these records.

For works published between 1923 – 1950, you can search for renewal information by year at http://www.kingkong.demon.co.uk/ccer/ccer.htm.

To inquire about the Copyright Office doing the search for you, go to http://www.copyright.gov/forms/search_estimate.html.

A private firm that does a lot of copyright searches is Thomson & Thomson.

Additional Public Domain Information

As the IdeaLady, Cathy Stucker helps authors, entrepreneurs and professionals attract customers and make themselves famous with creative techniques that make marketing easy, inexpensive and even fun! Get free tips on marketing, publishing and more at http://www.IdeaLady.com/

Under current U.S. Copyright Law, most new books and other works are protected by copyright for the duration of the author’s life plus 70 years. However, it is possible to find many previously published works that may be freely used because they are in the public domain.

The reasons that a work is in the public domain can include that it was never subject to copyright, the author elected not to exercise his or her copyright and placed the work in the public domain, or the copyright has expired. Do not assume that something is in the public domain. Always investigate the status of a work before using any part of it.

Works created by employees of the Federal government in the course of their jobs are not covered by copyright. This means that many government publications are not covered by copyright and may be freely used. Laws and court decisions are also not covered by copyright.

Simple blank forms are not subject to copyright, although forms that have some element of creativity may be copyrighted. “Common property,” such as standard calendars, height and weight charts, tape measures and rulers, schedules of sporting events, and lists or tables taken from public documents or other common sources is not subject to copyright; however, creative elements added to them may be protected. For example, although the standard calendar is not covered by copyright, images and design added to a calendar can be copyrighted.

In some cases, the author chooses to put the book in the public domain and not enforce their legal rights under copyright. This does not happen automatically, or due to an error such as leaving off the copyright notice. There is no set procedure for putting a book or other work into the public domain, however, the author must make his or her intention to do so clear, and must give up all rights of ownership.

When a work is covered by copyright, the protection does not last forever. The duration of a copyright is primarily dependent on when the work was originally copyrighted. See this guide to investigating the public domain status of a work.

Additional Public Domain Information

As the IdeaLady, Cathy Stucker helps authors, entrepreneurs and professionals attract customers and make themselves famous with creative techniques that make marketing easy, inexpensive and even fun! Get free tips on marketing, publishing and more at http://www.IdeaLady.com/

Keep in mind that you can use the content found in public domain books “as is” or you may use it to create derivative works. That means that:

• Publishers can republish works found in the public domain.
• Writers can adapt public domain books and create new works, such as adapting a public domain novel into a screenplay.
• Webmasters can use public domain music, photos, images, and writing on their Web sites.

Books in the public domain (under U.S. Copyright law) include those copyrighted before 1923, and books published and copyrighted between 1923 and 1963 for which the copyright was not properly renewed. Works may also be in the public domain for other reasons, including lack of a proper copyright notice (if published before 1989). Additionally, most writings published by the Federal government are not covered by copyright and are in the public domain.

You might think that there is nothing of value in the public domain; however, public domain books include not only classic novels and poetry, but many self-help and how-to books that contain valuable information. Even books published before 1923 may contain information that is valid and useful today.

When you add your own creative content to a book in the public domain, you create a work that is now covered by your copyright. For example, if you add a foreword or introduction to a public domain book, you own the copyright on the new material although others may still freely use the original public domain content. You may also add illustrations or other embellishments to the public domain content, and those would be copyrightable by you if they are your original work.

If you have made significant changes to public domain content, such as rewriting the text to include more up-to-date language and examples, you hold the copyright to the new version and others can not republish your original content without your permission. Of course, if they have a copy of the original public domain work, they may publish that. Making your own revised version that is covered by your copyright does not change the fact that the original material is in the public domain.

To learn more about finding and using public domain books and other public domain information, see Public Domain Information.

As the IdeaLady, Cathy Stucker helps authors, entrepreneurs and professionals attract customers and make themselves famous with creative techniques that make marketing easy, inexpensive and even fun! Learn more when you subscribe to her free email newsletter at http://www.IdeaLady.com/