Uncertain

The entertainer: The Entertainer

Alessandro Simonetto

Year unknown

Confidence

70

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Scott Joplin
Publisher: Unknown
First published: 1902

Rule · Compositions first published before 1931 are in the US public domain (95-year term under the 1976 Copyright Act, as extended by the Sonny Bono CTEA).

The musical composition "The Entertainer" was written by Scott Joplin and first published in 1902. Under the 1976 Copyright Act and its subsequent amendments (like the CTEA), for compositions published before January 1, 1978, the copyright term was initially 28 years with a renewal term. For works published pre-1929, if the copyright was properly renewed, the term would have been extended to 95 years from the publication date. As "The Entertainer" was published in 1902, 95 years from that date would have put its public domain entry around 1997. Therefore, the composition "The Entertainer" is firmly in the US public domain. This means that anyone is free to create cover versions, samples, or synchronize the composition with visual media without needing to obtain a license from a copyright holder for the underlying musical work. While the sound recording itself (Alessandro Simonetto's performance) might have its own separate copyright depending on its fixation date, the sheet music and the 'song' itself are free to use.

Confidence

100

Sound recording and composition are two separate copyrights. Even if one is public domain, the other may still be protected — clear cover, sample, and sync rights independently.

— Rule Applied —

The deterministic finding

Year of fixation unknown — cannot apply MMA term rules.

— AI Reasoning —

Why this status applies

The sound recording for "The Entertainer" by Alessandro Simonetto presents a challenge for determining its copyright status under the Music Modernization Act (MMA) because the year of its fixation is unknown. The MMA, specifically 17 U.S.C. § 1401, established new federal copyright protections for sound recordings fixed before February 15, 1972, and clarified protections for those fixed afterwards. Without a known fixation date, it's impossible to apply the MMA's tiered system for term limits. For recordings fixed on or after January 1, 1972, the term is 95 years from publication with a copyright notice, or 120 years from fixation if unpublished. However, for pre-1972 recordings, the MMA provides a 'restoration' of sorts, with varying expiration dates depending on the original fixation year, generally extending to 2067 for the very oldest recordings. Since Alessandro Simonetto is a modern artist often associated with contemporary classical or instrumental interpretations, the recording is likely of recent vintage, making it a post-1972 fixation. However, without a specific year of fixation, a definitive MMA term cannot be assigned, leading to an uncertain status.

— Cited Sources —

Supporting facts

Recording Artist: Alessandro Simonetto
Track Title: The Entertainer
MMA (Music Modernization Act) Title I: Copyrightability of Pre-1972 Sound Recordings

This analysis is AI-generated for informational research only and does not constitute legal advice. Sound-recording status under the MMA does not determine the status of the underlying composition. Always consult a qualified copyright attorney before commercial use.