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What Is Public Domain?

By Sue Moser

In the United States, works that were first published in 1922 or earlier are in the public domain. This means their term of copyright has expired and they are no longer under copyright protection in the U.S.

Popular works that are in the public domain in the U.S. include Amazing Grace and Blessed Assurance. When a work enters the public domain, it is free for anyone to create new, unique arrangements of these works (e.g. SATB or a string quartet arrangement). They may also create new works based on the original work such as Chris Tomlin's The Wonderful Cross, which borrows from Sir Isaac Watts' When I Survey the Wondrous Cross.

Another example of using a public domain work to create a new work is Passion's recorded version of Elvina Hall's Jesus Paid It All, with additional chorus by Alex Nifong.  Arrangements and new works based on public domain works are new copyrights in the eyes of the law and are afforded all forms of protection as any copyright would.

To investigate whether or not a work is in the public domain, check first for a copyright notice. These can be found in the liner notes of CDs or at the bottom of the first printed page of each song in most song books.  Online sources such as CCLI (www.ccli.com) , Public Domain Information Project (www.pdinfo.com), All Music, and search engines such as Google are also helpful in determining if a work as it was first written is in the public domain.

If the song is not public domain, you will need to obtain permission to record, and you can find instructions for doing that at www.musicservices.org.

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Psalm 40:1-6

1 I waited patiently for the LORD;
he turned to me and heard my cry.

2 He lifted me out of the slimy pit,
out of the mud and mire;
he set my feet on a rock
and gave me a firm place to stand.

3 He put a new song in my mouth,
a hymn of praise to our God.    
Many will see and fear
and put their trust in the LORD.

4 Blessed is the man
who makes the LORD his trust,
who does not look to the proud,
to those who turn aside to false gods.

5 Many, O LORD my God,
are the wonders you have done.
The things you planned for us
no one can recount to you;
were I to speak and tell of them,
they would be too many to declare.

6 Sacrifice and offering you did not desire,
but my ears you have pierced;
burnt offerings and sin offerings
you did not require.

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