Every year, a new wave of creative works enters the public domain in the United States, making them available for anyone to perform, arrange, or share. That includes ideas, images, films, and, most importantly for us, music. 2026 marks the entry of works from 1930, as well as sound recordings from 1925, into the public domain. This is a major milestone in the music world, as it includes compositions and recordings by key figures of the early 20th century.
What the Public Domain Is and Why It Matters to Musicians
Artists have their works protected by the Copyright Act, which grants them ownership and control over their intellectual property. Copyright is not held forever, though, as stated in a 1990 ruling over Stewart v. Abend. “The copyright term is limited so that the public will not be permanently deprived of the fruits of an artist’s labors,” the court wrote.
Duke Law explains that the public domain is “the realm of material… that is unprotected by intellectual property rights and free for all to use or build upon.” This means we can legally use these works without asking permission or paying license fees.
What Musicians Can Do With Public Domain Music
Music compositions, specifically the music and lyrics, in the public domain are “free for anyone to copy, perform, record, adapt, or interpolate into their own song,” Duke shared. Beyond artistic endeavors, educators can use public-domain compositions for choirs, bands, and orchestras to create historically important programs without navigating rights and royalties.
It’s important to note that musical compositions and sound recordings are two separate realms. Even though a song from 1930 has entered the public domain, a later recording by a popular artist is still copyrighted and cannot be used without permission.
Notable Songs Entering the Public Domain in 2026
1930 was the dawn of the swing era and an important time for jazz, which was becoming the popular music of the time. Many jazz standards that are routinely performed today debuted that year.
George and Ira Gershwin had a prolific 1930, and now four of their songs entered the public sphere: “I’ve Got a Crush on You,” “But Not For Me,” “Embraceable You,” and “I Got Rhythm.” Each of these songs has found favor with artists from Frank Sinatra to Chet Baker.
“I Got Rhythm,” in particular, spawned a bevy of contrafacts, songs based on a prior work. The chord progression, often called “Rhythm Changes,” serves as the basis for hundreds of jazz songs, allowing musicians to express themselves.
Hoagy Carmichael‘s “Georgia on My Mind” is a staple of jazz, soul, and R&B, thanks to Ray Charles. (As mentioned, the music and lyrics are public domain, but Charles’ recording is still under copyright.)
“Dream a Little Dream of Me” was published in 1930 with music by Fabian Andre and Wilbur Schwandt and lyrics by Gus Kahn. It was reborn in 1968 with The Mamas & The Papas recording it, and again in 2013 with a swing version by Robbie Williams.
Other notable jazz standards include “On the Sunny Side of the Street,” “Body and Soul,” and “Just a Gigolo,” among others. On the marching band side of things, John Philip Sousa‘s “The Royal Welch Fusiliers” is also included.
Which Recordings Become Public Domain in 2026?
Recording technology in 1925 was still in its fledgling years, but the list of recordings stands the test of time. The tracks from 100 years ago include Gene Austin’s “Yes Sir, That’s My Baby,” Ben Bernie’s “Sweet Georgia Brown,” and Louis Armstrong‘s duet with Bessie Smith on “The St. Louis Blues.”
Civil rights icon Marian Anderson’s stirring version of “Nobody Knows the Trouble I’ve Seen” also joins the public sphere.
These specific recordings can be used for remixing, sampling, or remastering. For a full guide on sampling rules, visit the Library of Congress Citizen DJ site. And be sure to check the Library of Congress website to hear the full list of recordings from 1925.
With these songs and recordings now in the public domain, musicians, arrangers, and educators have a new way to reconnect with the roots of jazz, popular song, and early recording history. As more works join the public domain each January, the available repertoire will only continue to grow, making this the perfect moment to explore new arrangements, contribute scores to our community, and let a new generation discover these classics in their own voice.
