While the number of usable public domain recordings available is dwindling down to a precious few, public domain compositions is ever increasing. This is because of antiquity; ALL intellectual property falls into the public domain after a period of time. Even phonorecords. So starting in the year 2067, CDs will start to become rights free. Care to wait? Didn't think so. The composers rights are normally transfered to the music publishing company, but either way many compositions are represented by either ASCAP or BMI for airplay or cable. Ideally the broadcast or cable outlet has a blanket license, but irregardless they are responsible for clearance of rights. Just be sure to disclose the source of rights clearance for all materials, ie ASCAP, BMI, Private production music license, or public domain, and you are covered. For videotape sales, our recommendation is to use only public domain material or be prepared to do extensive research to be sure you are obtaining rights from the proper party.

While some have suggested that you get a band and record your own version to avoid recording rights issues, you will still need to get a performance clearance, typically from H. Fox Agency. This is why most TV performances are lip-sync to existing records. Permissions always means money. And permissions can also be denied or otherwise unobtainable. Oh, by the way, be sure the band musicians are non-union. No band can compete with our price guide to previously recorded music.

Be assured, there are compositions suited to video production work that is public domain. All work published prior to 1925 is public domain in original form. Newer works may be in public domain, depending on actions taken to protect their copyright status, and for certain cases research may not prove conclusive. Many "classical" works for orchestra are NOT public domain, so choose carefully. ASCAP and BMI are ever vigilant in protecting their income.

Sometimes a snazzy new arrangement of an old standard can also be eligible for copyright protection. To be protected, the arrangement must be authorized (in writing) by the composer, placed in written form and registered at the copyright office prior to a recording being released. Most "arrangements" are really style variations or vocalization changes allowed when playing otherwise copyrighted music and thus do NOT qualify for special protection. For public domain music, a new arrangement must be of a significant quality so as to be generally accepted as a new and distinct creative property. For classical material, the invention of a freestyle cadenza as a part of violin concerto could be the proper subject of a new copyright (or embarrassment if not intentional). Or say the "Modern Jazz Quartet" playing Beethoven's 5th Symphony Raggae. But change of key, moving the tuba part to the bassoon, deleting the chorus, or shuffling the order of presentation are all examples of non-protected adaptations. (sorry Stowkowski)

When dealing with pop songs, there can also be and usually is a copyright on the words or poetry used as well. Use vocal versions of music only with extreme caution. One common pitfall is where words or a language translation is added to otherwise public domain material. It's not out of ignorance that Ormandy has the Mormon Tabernacle Choir sing words to "Finlandia" in english.