How does copyright apply to traditional music?

Traditional or folk music often exists in the public domain—meaning its copyright term has expired and it is free for anyone to use. However, new arrangements or adaptations of traditional works can attract copyright protection if they meet certain legal criteria.

Key Points:

Traditional works are usually no longer under copyright because the original composer is unknown or has been deceased for more than 70 years. These works can be freely used, shared, or adapted by anyone.

Arrangements of traditional music—such as harmonisations, orchestrations, or structural reinterpretations—may be protected by copyright if they involve original creative input and are fixed in a tangible form (e.g., a written score, recording, or digital file).

Ornamentation or variation in live performance alone does not constitute a new copyright. It must be captured in a fixed form to qualify.

Multiple arrangements of the same traditional work may exist, each protected separately under copyright law.

International Context:

The Berne Convention, an international copyright treaty, explicitly allows for new copyright protection in arrangements of public domain works. This supports creativity worldwide while still maintaining public access to the original source material.

Why it matters:

If you create a new arrangement of a traditional song—especially if you plan to publish, record, or license it—it’s important to register it with IMRO to ensure you’re recognised as the rights holder for your version.