Music can often be protected by copyright laws. Someone who writes a song or composes a piece of music is the creator and the owner of that piece. If someone else uses it without their permission, that would be a violation of their rights.
One way that this sometimes happens is with music sampling. A sample is just a short section of a song, which is then remixed with other elements to create a new song. For example, someone may create a loop out of a short section of piano music, and then add bass, guitars and drums—creating a new song. But it’s important for them to clear these samples, because they are still copyrighted works that are owned by another artist. Sampling music, even when it creates a new song, could be a copyright violation if the proper permissions are not given in advance.
Could music be in the public domain?
Yes, it is possible for some types of music to be in the public domain. Generally speaking, a copyright lasts for 70 years after the original copyright holder passes away. Today, in 2025, this means that music written and recorded in 1955 could be entering the public domain.
If it is in the public domain, then the samples may not need to be cleared, and anyone can use them. But even then, it’s important to know that a copyright can sometimes be extended or renewed, so it’s crucial to look at the status of the music and not just assume that anything from 1955 and before is in the public domain. It depends on that unique piece of art.
Addressing a dispute
Copyright disputes can be very serious, and artists definitely need to know how to protect their intellectual property rights. Those who find themselves involved in a dispute must know what legal steps they can take at this time.