Can You Use Public Domain Music in a YouTube Video?

Yes, you can use a public domain composition in a YouTube video, including monetized videos, if the recording is also free to use. An old song doesn’t automatically clear a modern performance’s copyright.

Content ID may still generate a claim that affects ad revenue, so keep evidence of the rights involved. This status doesn’t guarantee a claim-free upload.

Key Takeaways

Eligibility depends on the specific work and country. Keep evidence for both the composition and the exact audio version; credit alone isn’t permission.

A Song and Its Sound Recording Have Separate Rights

The composition

The composition covers the melody and lyrics. If it’s public domain in the relevant country, you don’t need permission to use those original elements.

The master and arrangement

A master has separate protection. A modern orchestra’s performance of Beethoven can remain protected even though his original composition is public domain.

Original additions in a new arrangement may also qualify for copyright. That protection doesn’t restore rights to the underlying song if its term has expired.

US Copyright Terms in 2026

These are US rules; other countries can reach different results. This is general information, not legal advice.

Older published music

Many compositions published before 1978 had a maximum term of 95 years, although some had shorter protection periods. A 95-year maximum doesn’t mean every work had the same copyright history.

References to “96 years” describe eligibility in the 96th year after publication, not a separate term. Protection ends at year-end, with eligibility beginning January 1 of the following year. In 2026, US compositions published in 1930 entered the public domain. Recordings follow separate rules.

Newer works

For works created on or after January 1, 1978, the usual US term is the author’s life plus 70 years.

For anonymous works and corporate works made for hire, protection lasts 95 years after publication or 120 years after creation, whichever expires first. The US Copyright Office’s term guidance explains these distinctions.

Familiar Songs: Which Version Can You Use?

These examples show why song titles alone don’t clear a particular version, even for public domain songs used in a YouTube video.

Song	US rights distinction
Take Me Out to the Ball Game	Jack Norworth and Albert Von Tilzer wrote it in 1908. The composition is free of US copyright, but later versions can still have separate rights.
Happy Birthday to You	Judge George H. King’s 2015 ruling rejected Warner/Chappell’s claim. A June 2016 settlement confirmed the song itself is free to use, but later versions have separate rights.
House of the Rising Sun	This traditional song was recorded by Clarence Ashley and Gwen Foster in 1933. The Animals’ 1964 version remains protected.
Rockin’ Robin	Don’t treat claims that Bobby Day’s 1958 release wasn’t renewed as clearance for Michael Jackson’s 1972 version.
Everybody Loves My Baby	Spencer Williams and Jack Palmer’s 1924 composition became free of US protection in 2020, not 2019. Later versions require separate consideration.

Making your own version avoids using somebody else’s master. However, you still can’t copy protected additions from a later arrangement.

A Practical Checklist Before Uploading

1. Identify the exact composition, arrangement and recording, including writers, performers and release dates.
2. Check the public domain status in each country where your YouTube video will be available. US status doesn’t provide worldwide clearance.
3. For protected material, confirm licensing permissions cover the composition, master recording and synchronization with video. Include monetisation, sponsorship or client use where relevant.
4. Content creators who source background music from an audio library should save evidence with their project, including the downloaded file, source address, dated rights statement, licence and correspondence.

A successful YouTube upload doesn’t prove copyright clearance. Claims can arrive later, so retain your documentation after publication.

Why Public Domain Music Can Still Get Claimed

The Content ID system compares uploads with reference recordings. An automated match isn’t a legal decision about rights ownership. False positives can occur, including when material is registered incorrectly.

Under YouTube’s Content ID system, rights holders can monetize, track or block matched videos. Some copyright claims leave videos online while the rights holder collects ad revenue; others restrict or block them.

A Content ID claim isn’t a copyright strike. In YouTube Studio, check the claim details for the claimant, matched asset and segment.

Use YouTube’s dispute control to explain your rights basis. Provide evidence for the exact recording, not just the composition, and keep every response. Check whether the claim affects ad revenue while you dispute it.

Appeals can lead to takedown requests, so assess rejected copyright claims carefully before escalating.

Where to Find Music for YouTube

YouTube Audio Library is free and built into Studio. Its tracks can replace claimed background music, though some require attribution. Check the audio library listing for each track’s credit terms.

Public domain songs, free downloads, and royalty-free music are different categories. Our royalty-free music guide explains those differences.

For original songs, explore our Free Music. We ask creators to credit Restorm and restormuk.com when using our music.

Free services often require description credits. Affiliate-funded recommendations and a “copyright free music” label aren’t evidence that a track is cleared for YouTube background music.

Frequently Asked Questions

Can I use copyrighted music if I credit the artist?

Credit doesn’t replace permission under copyright law. You’ll normally need permission for both the composition and recording unless a legal exception applies.

Does a venue’s music licence cover my YouTube upload?

US venues often hold ASCAP or BMI blanket licences for public performances. Those licences don’t automatically grant permission to record and synchronize music for a YouTube upload. Establish the venue’s performance coverage separately from your video permissions.

Use the Recording You Can Document

Public domain music can work well on YouTube when you verify the exact version you’re using.

Keep clear documentation for the composition and audio file. This evidence supports your upload decision and can help explain a mistaken Content ID match.