How old does a song have to be to lose copyright?

Asked by: Prof. Rosalee Bosco  |  Last update: February 1, 2026
Score: 4.9/5 (29 votes)

There's no specific length (like 30 seconds) you can play a copyrighted song without permission; it's a myth, as even a few notes can be infringement, though shorter clips are more defensible under fair use, which is decided case-by-case. Any use without permission risks a copyright claim, but the length and nature (e.g., review vs. commercial use) influence fair use, with shorter, transformative uses being stronger arguments.

Can you use a song after 20 years?

Yes, you can use a song after 20 years, but it depends on whether its copyright has expired; most modern songs remain protected for life of the author plus 70 years, but older songs (pre-1978) might be entering the public domain, allowing free use, though you still need a license for specific recordings or new performances. After 20 years, you'll likely still need permission (a license) to use popular songs, but some older, obscure works might become free to use (public domain). 

What is the 35 year rule in music?

The "35-year rule" in music refers to a provision in the 1976 US Copyright Act (Section 203) that allows artists and songwriters to reclaim rights to their copyrighted works after 35 years from the date of transfer, provided the work wasn't a "work-made-for-hire" and was created after January 1, 1978. This "termination right" enables creators to renegotiate or terminate unfavorable publishing and recording deals, allowing them to regain ownership of their music after that period, with the window for exercising this right opening around 2013. 

How old does a song need to be to avoid copyright?

When music becomes public domain depends on several factors, including copyright laws. Copyrights often last the life of the creator plus 70 years, but this can vary.

Can I play 10 seconds of a copyrighted song?

No, there's no magical "10-second rule" that makes using a copyrighted song legal; any use without permission is technically infringement, though short clips might fly under automated detection systems (like YouTube's) or qualify as fair use for purposes like commentary, criticism, or parody, but this isn't guaranteed and depends on context. Fair use relies on four factors (purpose, nature, amount, market impact) and isn't just about the length, meaning even a few seconds can be a problem if it's the core part of the song or hurts its market value. 

The Music Copyright Knowledge I Regret Not Having Sooner

21 related questions found

What is the 3 minute rule in music?

The "3-minute rule" in music refers to the traditional length of hit pop songs, rooted in the physical limitations of early vinyl records (78 rpm) and the commercial needs of radio for ad space, creating a standard ~3-minute format that became ingrained in listener expectations and songwriting structure, though modern technology allows for longer tracks. This convention encouraged concise, catchy songs with clear hooks and verse-chorus structures that fit the format, influencing artists for decades.
 

What is the 30-second rule on YouTube?

The "30-second rule on YouTube" refers to two key concepts: first, the crucial first 30 seconds of a video to hook viewers, as YouTube counts a view after this mark; and second, a content editing guideline where something engaging, like a visual change or new topic, should happen at least every 30 seconds to maintain audience interest and prevent them from clicking away. It's about grabbing attention immediately and continuously refreshing the content to match short attention spans, ensuring viewers stay engaged long enough for a meaningful view and to improve watch time, a key factor for the YouTube algorithm. 

What is the 80 20 rule in songwriting?

The 80/20 rule (Pareto Principle) in songwriting means 80% of a song's impact comes from 20% of its core elements, like the hook, melody, and structure, while the rest is polish or filler. It guides writers to focus on those vital 20% (catchy hooks, strong lyrics/melody) for major results, while also suggesting that in production, the final 20% of mixing/arrangement takes 80% of the time, and in business, 20% of your songs yield 80% of plays. 

How much to license a Taylor Swift song?

Taylor Swift reacquired the master recordings and rights to her first six albums from Shamrock Capital in 2025 for approximately $360 million, the same price Ithaca Holdings (Scooter Braun's company) reportedly paid for them in 2020. This deal, which includes music videos, artwork, and unreleased material, finally gave Swift full ownership and control over her early catalog after a long dispute.
 

Are old songs copyright free?

In most cases, songs enter the public domain when its' copyright expires. Today, this is the case for any song made before 1926. For songs released after that, the copyright typically expires 70 years after the original artist of the song passes away.

Do music royalties expire?

In general, song royalties do not expire. Copyright law protects musical compositions for a long duration, often the life of the creator plus an additional 70 years or more, depending on the jurisdiction.

What is the rule of 7 in music?

The Rule of Seven: part one In music theory, seven is a truly miraculous number. Seven notes in the circle of fifths before the first letter is repeated (hence seven notes scales), seven primary keys.

How do you put a disclaimer to avoid copyright?

There are four primary components of a copyright disclaimer:

  1. The copyright symbol.
  2. The year of publication.
  3. The name of the owner.
  4. A statement reserving the rights of the owner.

Is copyrighting a song expensive?

Once you've completed your application, you'll need to pay the filing fee to make it official. This fee depends on how many works you're registering and which type of application you choose, but expect to pay around $45–$65 for a single registration.

How long is Mickey Mouse copyrighted?

The copyright for the earliest Mickey Mouse, specifically the version from the 1928 film Steamboat Willie, expired on January 1, 2024, entering the U.S. public domain, but Disney retains strong trademark rights and copyrights on all later versions of Mickey, so only the non-speaking, simple design from Steamboat Willie is free to use, leading to new creative works like horror films while Disney aggressively protects its modern iconic mouse. 

Do music rights expire?

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

How much does Spotify pay for $500,000 streams?

500,000 streams on Spotify typically earns an artist between $1,500 to $2,500, based on the average payout rate of $0.003 to $0.005 per stream, though earnings vary widely based on listener type (free vs. premium), country, and distribution deals. This income is often split with labels and publishers, so the final amount an artist takes home can be significantly less, with many artists using Spotify for exposure rather than direct income. 

Who is the #1 selling artist of all time?

The number one selling artist of all time is widely considered to be The Beatles, with claimed sales exceeding 600 million units worldwide, followed closely by solo artists like Elvis Presley and Michael Jackson, though exact figures vary due to different counting methods. While The Beatles lead in overall sales, Michael Jackson holds the record for the best-selling album, Thriller, and Garth Brooks is the top-selling solo artist in the U.S.
 

Is Taylor Swift richer than Kim Kardashian?

As of late 2025, Kim Kardashian is generally reported to be richer than Taylor Swift, with her net worth boosted significantly by her SKIMS brand, pushing her fortune to around $1.9 billion, while Swift's wealth is estimated at $1.6 billion, though both are billionaires. Kardashian's business ventures, especially SKIMS' high valuation, have recently placed her ahead, though these figures fluctuate.
 

Do songwriters have high IQ?

Songwriters don't necessarily need high IQs, as creativity, emotional intelligence, and musicality are more crucial than raw cognitive scores, though studies show musicians often have higher average IQs, possibly due to brain development from training, with higher IQ correlating more with complex instrumental music than lyrical complexity. While some great writers/composers had high IQs, many famous musicians like Paul McCartney don't read music, highlighting that talent, experience, and emotional expression are key, not just intellect.
 

How does Gen Z say a song is good?

Gen Z calls a good song a "bop," something that "slays" or that they "ate" (left no crumbs), or a "belter," meaning it's catchy and makes you feel good or dance, often highlighting its vibe, beat, or emotional relatability over just complex lyrics, using terms like "living rent-free" for obsession, all heavily influenced by social media platforms. 

What is the rule of 3 in songwriting?

The "Rule of Three" in songwriting is a versatile principle suggesting that presenting an idea once (statement), repeating it (pattern), and then varying it (resolution/surprise) makes it satisfying and memorable, preventing listener fatigue while building interest. It also applies to keeping musical elements to around three at once (melody, rhythm, harmony) to avoid clutter, and using three-part structures (verse-chorus-bridge) in song form.
 

Can a YouTube short be 1 minute and 1 second?

You can now create YouTube Shorts up to three minutes in length. This gives you more time to tell your stories, showcase your creativity, and captivate your audience.

What is the most watched thing on YouTube?

Most viewed YouTube videos of all time 2025

In January 2021, Baby Shark Dance became the first YouTube video to surpass 10 billion views, after snatching the crown of most-viewed YouTube video of all time from the former record holder "Despacito" one year before.

Can YouTube tell if you screen record?

So, in this sense, the answer is no; websites cant detect user activities like screen capture. However, if the website has you download some software and install it, it can most probably recognize external screen capture tools being used on their web pages (if they want to).