Songs in the Public Domain

At the end of the Simpsons Season 18 episode 1 (http://www.megavideo.com/?v=ZVPUPCYK) Homer sang "public domain songs."

Apparently under U.S. Copyright Law, songs published before 1922 are now part of the public domain which means the formerly copyrighted work can now be freely used. For a list of this ultra-old school songs check http://www.pdinfo.com/list.php.

I was excited to have copies of these songs, however, from what I remember of Intellectual Property Law, the song itself or the songsheet itself may be in the public domain, however, the rendition of the song still is copyrighted and belongs to the performer, therefore, "twinkle, twinkle, little star" as sung by Homer Simpson, still is not in the public domain.

So much for my plan of using only public domain songs in a video project. However, since copyrights eventually pass into public domain its just a matter of waiting, unless Congress grants extensions. From researching on the topic, I found the following rules in accordance to U.S. copyright law although uncited in the webpage that I will be citing:

• Published before 1923 - now in public domain

• Published from 1923 to 1963 - When published with a copyright notice © or "Copyright [dates] by [author/owner]" - copyright protection lasts 28 years and could be renewed for an additional 67 years for a total of 95 years. If not renewed, now in public domain.

• Published from 1923 to 1963 - When published with no notice - now in public domain

• Published from 1964 to 1977 - When published with notice - copyright protection lasts 28 years for first term; automatic extension of 67 years for second term for a total of 95 years.

• Created before 1/1/1978 but not published - copyright notice is irrelevant - copyright protection lasts for the life of author and 70 years or 12/31/2002, whichever is greater

• Created before 1/1/1978 and published between 1/1/1978 and 12/31/2002 - notice is irrelevant - copyright protecion lasts the life of author and 70 years or 12/31/2047, whichever is greater

• Created 1/1/1978 or after - When work is fixed in tangible medium of expression - notice is irrelevant - copyright protection lasts for the life of author and 70 years based on the the longest living author if jointly created or if work of corporate authorship, works for hire, or anonymous and pseudonymous works, the shorter of 95 years from publication, or 120 years from creation.
  

The above is from http://inventors.about.com/od/copyrights/a/expiration.htm (visited August 25, 2009)

I guess I may not be able to see Flo Rida songs pass into the public domain in my lifetime.