Is it legal to use a classical piece in your own song?

[SOA_bassist]

If you give credit to the original composer of a classical piece, is it legal to use the music in your own song? I am mostly asking about ones that are hundreds of years old.

The guitarist in one of my bands wants to use part of Beethoven's Moonlight Sonata as the intro to one of our original songs. Is there anything I need to do, besides giving credit to the composer, to make sure this is legal?

IDK if it matters, but it was written over 200 years ago ( 1801 ).

[Stanley Design]

Don't take my word for it, but I'm pretty sure that copywrites on songs run out after a period of time.

[SOA_bassist]

i have heard that, and am pretty sure that is it, but my guitarist and I want to be absolutely sure.

[BassChuck]

I'm not a lawyer, but I think the copyright laws are that anything written before 1920 is in public domain... and that would include just about anything in the 'classical' catalogue. After that date the copyright extends to 75 years after the death of the composer.

[lemur821]

I don't think you even need to credit him. The piece was never under copyright. However, particular recordings are, so you couldn't just sample it, if that's something you're thinking of.

[Busker]

Well, Barry Manilow copped a Chopin piece and put lyrics to it. I can't think of the title of the song, but it's definitely Chopin. I doubt he got into any trouble over it.

It actually worked nicely - not a bad song at all. Even though I'm not a huge Manilow fan, the man can write some good songs, so I'll give him credit.

Oh, and Jethro Tull had a song called Bouree, which was taken directly from Johann Sebastian Bach's Bouree In E Minor.

Moonlight Sonata is a great piece. One of Beethoven's best, IMO. Go for it.

[anechoic]

Didn't ELP get in trouble for something like this once? I think they used something by Bela Bartok in one of their songs, who, it turned out, hadn't been dead as long they'd thought. Apparently his widow contacted them about it, and they did end up crediting Bartok as a writer and paying royalties for the piece.

Bartok died in 1945, so that may have been a factor.

[Aaron Saunders]

Originally Posted by anechoic

Didn't ELP get in trouble for something like this once? I think they used something by Bela Bartok in one of their songs, who, it turned out, hadn't been dead as long they'd thought. Apparently his widow contacted them about it, and they did end up crediting Bartok as a writer and paying royalties for the piece.

Bartok died in 1945, so that may have been a factor.

You hit the nail on the head.


Believe me, anything written by Beethoven is public domain. Be more careful with your Stravinskys and your Bartoks though

[evan_phi]

anything written in the 20th century is NOT public domain and is still under copyright. even early Debussy still is, i believe.


beethoven? def public domain. unless you use a specific recording.

[dancehallclasher]

Yeah you're fine. How do you think Wooten was able to make "Classical Thump?"

[Bob Clayton]

nope, go for it.

edit: post 7,000!