I found some sheet music off the Internet which I would like to use in my game. I'ld use a MIDI music editor to create the tune. All of the sheet music was published before 1900. Is this okay for me to use? I get a little confused about how long copyrights last and how public domain works.

*bump* Anyone know anything about this?

I tried to reply, but my browser completely crapped out on me, and I lost what I typed. Let me try to summarize:

According to the copyright office (http://www.copyright.gov/circs/circ1.html#hlc), works published or registered before 1978 have a copyright life of up to 95 years. In addition, I know there was a copyright extension law passed just this year. I couldn't find the details, but I am pretty sure the law did not affect anything published before 1900.

If you don't know the date your work was published, you might be able to find it here (http://www.copyright.gov/records/).

The U.S. Copyright Office website is only good for searching materials published after 1978, and since registering with the office is not required to obtain copyright, most works aren't in there. The copyright extension was the Sonny Bono Copyright Term Extension Act. It was upheld by the supreme court in December.

Another thread where this was discussed is Licensed property / classics (http://www.dexterity.com/forums/showthread.php?s=&threadid=274). I think you're probably ok using published material dated before 1900, but as usual it's best to consult a lawyer.

Oh, thanks for clearing that up. I knew about the Sonny Bono Act, and it is accounted for in the 95 year figure I mentioned. What I didn't realise was that the court decision that happened in January was just a decision upholding that extension. For some reason, I had thought it was a brand new extension that was just passed.

So in summary, any material that was composed AND published before 1978 has a copyright life of UP TO 95 years from date of publication. Any material that was unpublished but was registered for copyright before 1978 has a copyright of UP TO 95 years from the date it was registered.

Assuming your piece was published or registered before 1908, it is free and clear of copyright. Even if it was published or registered in or after 1908, there is still the possibility that the copyright is expired (you need to take action to renew the copyright periodically).

Note that the date it was composed is NOT the same as the date it was published or registered.

Originally posted by LordKronos
Assuming your piece was published or registered before 1908, it is free and clear of copyright.

I am not a lawyer, but keep this in mind...

Even though a piece of music may now be considered in the public domain (for example, Beethoven's 5th or Dvorak's 9th or Bach's Minuet in G), there may still be copyright encumbrance.

"HOW!?!" You might ask...

It depends very much on who it was arranged by. An arrangement can be copyrighted as a derivative, but independent work. This is much like Disney not being able to copyright Grimm's "Snow White and the Seven Dwarves", but they could publish a derivative work and copyright that (and all of their fun, made-up characters like Sneezy and Maleficent).

So, to summarize, if you choose to use music you believe to be unencumbered by copyright, make sure that the arrangement you are using is not copyrighted. Oh, and as an aside, much like public domain clip-art, the burden of proof lies in the user's court. Just because you downloaded it from somebody who says it's copyright-free doesn't mean it is.

Good luck.
-daniel