Protected

Nervous Breakdown

Clarence Williams and His Jazz Kings

1995

Confidence

98

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Clarence Williams
Publisher: Unknown
First published: 1926

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 composition "Nervous Breakdown" was written by Clarence Williams and first published in 1926. Under the 1976 Copyright Act and subsequent extensions like the Sonny Bono Copyright Term Extension Act (CTEA), works published between 1923 and 1977 that had their copyrights renewed are generally protected for 95 years from their publication date. For a work published in 1926, the copyright term would have expired in 2021 (1926 + 95 years). Therefore, even assuming the copyright was properly renewed, the composition "Nervous Breakdown" entered the U.S. public domain on January 1, 2022. This means the composition is freely available for anyone to use, perform, cover, or adapt without needing permission from a publisher or the songwriter's estate. While the 1995 sound recording is protected, the underlying musical work is not.

Confidence

95

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

Recordings fixed on or after February 15, 1972 are subject to standard federal copyright (life of author + 70 years, or 95 years for works made for hire). Protected.

— AI Reasoning —

Why this status applies

The sound recording of "Nervous Breakdown" by Clarence Williams and His Jazz Kings, released in 1995, falls under the protection of federal copyright law as amended by the Music Modernization Act (MMA). Specifically, the MMA extended federal copyright protection to sound recordings fixed on or after February 15, 1972. Since this recording was fixed and released in 1995, it comfortably meets this criterion, placing it under federal copyright protection rather than the patchwork of state laws that previously governed pre-1972 recordings. This means that the recording is subject to the standard federal copyright term, which, for works created in 1978 or later, is the life of the author plus 70 years, or 95 years from publication for works made for hire. Given the 1995 release date, the recording is currently well within its copyright term and will remain protected for decades to come. For example, if Clarence Williams and His Jazz Kings were considered a work made for hire by a label, the copyright would last for 95 years from its 1995 publication, expiring in 2090. If it were attributed to individual authors, the term would extend for 70 years beyond the life of the last surviving author. In either case, the recording is unequivocally protected under the MMA.

— Cited Sources —

Supporting facts

Music Modernization Act (MMA), 17 U.S.C. § 1401
Copyright Act of 1976, as amended
U.S. Copyright Office Circular 1: Copyright Basics
Effective date of federal copyright for 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.