When Copyrighted Music Becomes Public Domain

[SpunkyWunky]

So I was surfing the net today and came across a website. It has a heap of copyrighted music on it that is supposedly now Public Domain, however I don't know the legitimacy of their claim.
I searched the internet as to what copyright is and when it becomes public domain. I have found so many conflicting opinions, such as:
Music is public domain 75 years after the artists death.
Music is public domain 75 years after the composers death.
A particular recording is public domain 75 years after that recording was made.
All recordings are covered by copyright and will not be public domain until 2068.
Only recordings made prior to 1920 are public domain.
Only 75 years+ old sheet music can be turned into music and copyrighted by yourself.
Public domain music can be remixed, altered, and copyrighted by yourself.

So obviously some if not all of these statements are incorrect. The internet seems completely confused about this topic. Does anyone know the correct information and where to find it?
It would be cool to use old music in a game. I'd love to edit it with some effects and use it in a commercial product (if the project becomes commercial). I'm a fan of a music artist who died in 1941 (most of the music was recorded in 20s-30s). But I'm wondering the logistics of this and if the only way I could have done it was to get a license from an extinct record label.

Let me know what you think and if there are any accurate resources regarding the topic. I think it would be a game changer for a lot of people if they could use music from famous artists, even if they are long gone.

 

[Llareian]

I think you'll find that a lot of the confusion comes from the fact that the laws are constantly changing. So people find information from 10 years ago and think that's valid today, but it's not. This is especially tricky on the internet, where information posted once can last forever.

Also there's a distinction there between the composition and the recording. That's a very important distinction. Songs that ARE in the public domain can be used for free - but not an existing recording of that song [while it's] under an artist's copyright.

I hope someone can point to a good legal reference, though obviously the best choice is always going to be to talk to a copyright lawyer.

 

[bgillisp]

From what I could conclude is for really old music (like classical musics from the 1800's and earlier) you are free to perform the piece and record it yourself. However, you cannot use another person's playing or recording of it without their permission.

So if you really wanted to use a piece by Beethoven, you better get the sheet music and perform it yourself, or pay someone to play it and record it. Or find a site where someone has done that and posted it as free to use for commercial projects.

Pieces from 1900 on up, no idea. I know it is possible to renew your claim on work (Disney has done that on their older work, else Mickey Mouse would have been public domain by now), so it will also come down to has the claim been renewed?

But again, I'm not a lawyer, so would be best to talk to them to be absolutely sure on this.

 

[Nightblade50]

I wouldn't use it, at least not for commercial games. They could be telling the truth, but if they are not, you could get in a lot of trouble. What I say - I agree with @bgillisp, but almost definitely don't use music from that site in commercial games, not recommended in non-commercial.

 

[SpunkyWunky]

I wouldn't use it, at least not for commercial games. They could be telling the truth, but if they are not, you could get in a lot of trouble. What I say - I agree with @bgillisp, but almost definitely don't use music from that site in commercial games, not recommended in non-commercial.

I understand completely about playing it safe. I certainly wouldn't use any of it if I had anything less than a certainty that I could use it. But I don't want to rule it out just because the answer is hard to find, because that would be ruling out a world of possibilities. Unless I can find someone who is genuinely knowledgeable, I'm willing to go as far as hiring a lawyer to find this out.

 

[OnslaughtSupply]

I was once told that after so many years the copyright expires and would have to be maintained like a patent. But no idea really. A lawyer who specializes in copyright law would be the best one to answer.

 

[Andar]

The main problems here are that
1) the laws are different depending on country
2) the laws have changed over time.

just read this for what happened in the USA and why:
https://atp.orangenius.com/how-mickey-mouse-keeps-changing-copyright-law/