These three labels often get used as if they all mean free to use. They do not. Public domain means no copyright is left. Creative Commons is a family of standard licences with conditions attached. Royalty-free is a way of pricing a licence. A sync licence is a fourth thing again: specific permission from the rights holders for a specific use.
What does public domain mean?
A work is in the public domain when copyright no longer protects it, usually because the copyright term has expired, or because the owner has given up their rights as far as the law allows. Public domain material can be used without permission. The hard part is confirming that a specific song and recording really are out of copyright.
Australia's Attorney-General's Department puts it simply: when copyright expires, the material falls into the public domain and may be freely used without permission. Terms differ between countries, so a work that is out of copyright in one place may still be protected in another.
How long does copyright in music last in Australia?
Under the Copyright Act 1968 (Cth), a musical work by a known author generally lasts for the author's life plus 70 years, and a sound recording generally lasts 70 years from the year it was first made public. Older material follows transitional rules, so check the Attorney-General's Department duration table before relying on a date.
Two older rules matter most. Australia extended most terms from 50 to 70 years on 1 January 2005, and copyright that had already expired was not revived. As a result, a musical work published in the author's lifetime is out of copyright if the author died before 1 January 1955, and so is a sound recording made before 1 January 1955. Works by unknown authors and unpublished material have their own rules.
Can a public domain song still have a copyrighted recording?
Yes, and this is a common trap. The composition and the recording are separate copyrights. A classical piece or a traditional tune may be out of copyright while a modern recording of it is protected for decades. To use it freely, both the composition and that particular recording need to be in the public domain.
A new arrangement of an old piece can also carry its own copyright, because musical works include arrangements as well as compositions. For more on the two layers, see sync licence vs master licence.
How do Creative Commons licences work?
Creative Commons licences are free, standard licences a creator attaches to their own work. They let anyone use it on set conditions, built from four elements: BY (credit the creator), SA (share adaptations on the same terms), NC (non-commercial use only) and ND (no adaptations). The creator still owns the copyright.
Those elements combine into six licences, from CC BY, which allows commercial use and adaptation with credit, to CC BY-NC-ND, which allows only non-commercial sharing with no changes. CC0 is a separate tool that lets a creator waive their rights as far as the law permits, placing the work as close to the public domain as possible.
Creative Commons says its licences are not revocable: a creator can stop offering a work under CC, but people already using it keep their rights. If you breach the terms, your licence terminates automatically. Version 4.0 is the current suite, so check which version applies to the track you are using.
Why does NonCommercial matter for creators?
NC licences allow only uses "not primarily intended for or directed towards commercial advantage or monetary compensation". A monetised channel, a sponsored video, client work or a brand campaign can easily fall on the commercial side of that line. If your content earns money, NC music needs separate permission from the creator.
Attribution matters too. Every CC licence includes BY, so you must credit the creator in the way the licence requires. Missing credit is a breach, and a breach can end your licence.
What does royalty-free actually mean?
Royalty-free is a pricing model, not a copyright status. You pay once, or through a subscription, and you do not pay a royalty each time the content is used or viewed. The music is still copyrighted, it is rarely free, and each library writes its own terms about where and how long you can use it.
Check what happens to published content if you cancel a subscription, and which platforms and uses the licence names. For the details, see royalty-free vs sync licence, is royalty-free music AI-generated and is Epidemic Sound worth it.
Where does a sync licence fit in?
A sync licence is direct permission from the rights holders to pair a specific song with your visuals for a defined use. It is how you use a song that is not in a library or the public domain, such as a track by an independent artist you want in your video. The licence spells out exactly what it covers.
On cadential., each licence covers one song, one project and one use type, and is perpetual, worldwide and non-exclusive. Every licence is a PDF contract with a licence number anyone can verify. cadential. is pre-launch, and the catalogue opens once artists are onboarded.
How do the four options compare?
The quickest way to tell them apart is to ask who grants permission and on what terms. Public domain needs no permission at all. Creative Commons is a free standard licence from the creator. Royalty-free is a paid licence from a library. A sync licence is specific permission from the rights holders for one use.
| Public domain | Creative Commons | Royalty-free | Sync licence | |
|---|---|---|---|---|
| Cost | Free | Free | One-off fee or subscription | Fee per song and use |
| Commercial use | Yes | Only without NC | Depends on the library's terms | As stated in the licence |
| Attribution | Not required | Required | Depends on the terms | Depends on the terms |
| Who grants it | Nobody, copyright has ended or been waived | The creator, through a standard licence | The library | The rights holders |
| Main risk | The recording is still protected | NC or ND terms, missing credit | Scope and cancellation terms | Using it outside the licensed use |
What are the most common mistakes?
Most problems come from trusting a label instead of reading the terms. Common slips include assuming an old song means an old recording, using NC music on a monetised channel, forgetting attribution, and reading royalty-free as copyright-free. Each one can lead to a claim, a takedown or a licence that does not cover your use.
- Checking the composition's age but not the recording's.
- Treating a monetised channel or client video as non-commercial.
- Editing an ND track to fit a video.
- Leaving out the credit a CC licence requires.
- Assuming a royalty-free licence covers every platform and use.
- Trusting a "public domain" label on an upload without checking it.
When in doubt, go back to the source of the permission and read what it actually says. For related reading:
Questions, answered
Is Creative Commons music free to use on a monetised YouTube channel?
It depends on the licence. CC BY and CC BY-SA allow commercial use with credit, so they can suit a monetised channel. Any licence with NC excludes uses primarily aimed at commercial advantage or payment, and ND bars adaptations. Read the specific licence and give the attribution it asks for.
Is royalty-free music copyright-free?
No. Royalty-free describes how you pay: once or by subscription, with no royalty for each use. The music is still protected by copyright, and the library's licence sets the rules on where, how and for how long you can use it.
When does a song enter the public domain in Australia?
Generally, a musical work is protected for the author's life plus 70 years, and a sound recording for 70 years from the year it was first made public. Older material follows transitional rules, and the composition and the recording each have their own term, so check both.
Can a Creative Commons licence be withdrawn?
Creative Commons says its licences are not revocable. A creator can stop offering a work under CC, but that does not cancel the rights of people already using it under the licence. If you break the licence terms, though, your own licence ends automatically.
Sources
- About CC Licenses, Creative Commons
- Frequently Asked Questions, Creative Commons
- Duration of Copyright table, Attorney-General's Department
- Copyright basics, Attorney-General's Department
This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.