As of Jan. 1, 2024, copyrighted works from 1928 entered the U.S. public domain, according to the Duke University School of Law’s Center for the Study of the Public Domain. These works will be free for all to copy, share, and alter to create something new.
Popular musical compositions include “Mack the Knife,” by Bertolt Brecht and Kurt Weil, “Let’s Do It (Let’s Fall in Love” by Cole Porter, and “When You’re Smiling” by Mark Fisher, Joe Goodwin, and Larry Shay. “Animal Crackers” a classic Marx Brothers musical is also going public.
Sound recordings from 1923 will also be released from copyright this year. That includes popular songs like “Yes, We Have No Bananas” recorded by Billy Jones; Furman and Nash; Eddie Cantor; Belle Baker; and the Lanin Orchestra and “Who’s Sorry Now” by Isham Jones: Marion Harris: Lewis James; The Happy Six; Irving Kaufman; and the Original Memphis Five.
What this means is that all recordings from 1923 are legally available for reuse. They can be downloaded, remixed, and used in soundtracks.
Of course not all recordings of songs like “Who’s Sorry Now” are fair use. For example, Connie Francis put out the tune in 1958 and it will remain under copyright for many decades.
This year’s list of titles were actually supposed to enter public domain in 1984 but that release was extended to 2004, according to Jennifer Jenkins, Director of the Duke Center for the Study of the Public Domain. Then the U.S. Congress provided another 20-year delay, extending the life of the copyrights to 95 years. Some century-old compositions may have gone public earlier if the copyright holders didn’t do the necessary paperwork to keep them.
What may be making the biggest splash this year is the long-awaited inclusion of the animated feature “Steamboat Willie.” This black and white cartoon was not only the introduction to the world of Walt Disney’s Mickey and Minnie Mouse but was also the first film to be released with synchronized sound. It may be hard to imagine now with all the special effects were are used to but movie-goers back then must have been astounded to see and hear Mickey whistling at the beginning of that film.
I continue to celebrate Public Domain Day every year as part of the holiday season. Adding some of these classic tunes to my repertoire and using them as springboard to inspire my own creativity is like a belated Christmas gift.