When does a copyright on a song expire?

It depends on whether you mean the composition of musical notes (and lyrics, if any) or a recording of someone performing the song, in which case it depends on when the performance was recorded, and by whom.

Copyright Duration

The duration of a copyright in a musical composition depends on when it was first published or created. If the song was:

~ Published before 1923 - The work is in the public domain and is free for anyone to use or copy

~ Published between 1923-1963 and never renewed - The work is also in the public domain

~ Published between 1923-1963 and timely renewed - 95 years from the date of first publication

~ Published from 1964-1977(renewal term automatic) - 95 years from the date of publication

~ Created 1978 or later (whether or not published) - The life of the author(s) plus 70 years (but if work is made for hire or anonymous or pseudonymous, 95 years from the date of publication or 120 years from date of creation, which ever ends first)

~ Created, but not published or registered, before 1978 - At least the life of the author plus 70 years, but cannot expire before Dec. 31, 2002 (if work remains unpublished) or Dec. 31, 2047 (if work is published before Dec. 31, 2002). Note that distribution of copies of phonorecordings prior to 1978 is not considered "publishing" an underlying musical work for the purpose of calculating copyright duration. 17 USC sec. 303(b).

The complexity of the different copyright durations is due to the lobbying efforts of copyright holders and the resultant amendments to the copyright terms by Congress over the last century.

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