Shotgun Law
PUBLIC DOMAIN FYI
Sound Recording Copyright
Fetch!
Grave in the Pines cover
Protected

Grave in the Pines

Clayton McMichen
1997
Confidence
98
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Clayton McMichen
Publisher
Unknown
First published
1940
Rule · Compositions first published in 1940 are protected for 95 years from publication. Enters US public domain on January 1, 2036.

The composition "Grave in the Pines" was written by Clayton McMichen, a prolific fiddler and songwriter in the early country music scene. The song was first recorded by McMichen's band, the Georgia Wildcats, in 1940, and the composition itself is generally attributed to him from that period. Since Clayton McMichen passed away in 1970, the composition falls under the 'life of the author plus 70 years' rule. With McMichen's death in 1970, the copyright term for his composition would extend for 70 years from the end of that calendar year. Therefore, the composition of "Grave in the Pines" will remain protected until December 31, 2040 (1970 + 70 years). This means that any use requiring a mechanical license (for covers), sync license (for film/TV), or sample clearance will require permission from and payment to the copyright holder until its public domain entry.

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 "Grave in the Pines" by Clayton McMichen, released in 1997, is subject to federal copyright protection under the Music Modernization Act (MMA). Specifically, this recording falls under 17 U.S.C. § 1401(a)(2), which applies to sound recordings fixed on or after February 15, 1972. As the recording was fixed and first released in 1997, it easily meets this criterion. Prior to the MMA, sound recordings fixed before February 15, 1972, were governed primarily by state law. However, recordings fixed from that date forward, including this one, immediately gained federal copyright protection. The MMA further clarified and codified the federal protection for these works, bringing them fully into the federal copyright scheme. Given its 1997 fixation date, "Grave in the Pines" by Clayton McMichen is protected for a term of 95 years from first publication, assuming it was a work made for hire, or for the life of the author plus 70 years if not. This period of protection means that the recording will remain under copyright until at least 2092 (1997 + 95 years). Independent artists or smaller labels like those specializing in historical or niche recordings often take advantage of these protections to control their intellectual property.
— Cited Sources —

Supporting facts

  • Music Modernization Act (MMA) - 17 U.S.C. § 1401(a)(2)
  • U.S. Copyright Office Circular 56a: Copyright Registration of Musical Compositions and Sound Recordings
  • Recording's release date: 1997

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.