Uncertain

Petunia's Gone Again

Dale Evans Woodburn

Year unknown

Confidence

30

— Composition copyright —

Songwriter & publisher

Uncertain

Songwriter(s): Dale Evans Woodburn
Publisher: Unknown
First published: Unknown

Rule · Year of first publication unknown — cannot apply US composition copyright rules.

The underlying musical composition for "Petunia's Gone Again" is currently classified as 'UNCERTAIN' regarding its copyright status in the US, primarily because the year it was first published is unknown. Under US copyright law, particularly the 1976 Copyright Act and subsequent extensions (CTEA), the duration of copyright for works created after 1978 is generally the life of the author plus 70 years. For works published before 1978, the rules are more complex, often depending on publication with notice, renewal, and the specific year of publication. Given that Dale Evans Woodburn is identified as the artist of the recording, it's highly probable they are also the sole songwriter (composer and lyricist) of the composition, though without publisher information or formal registration data, this remains a presumption. Without a confirmed year of first publication for the sheet music or any other authorized form of the composition, it is impossible to apply the relevant US copyright term. If the composition was, for instance, published in 1928 and properly renewed, its term would have expired at the end of 2023 (95 years from publication). However, if it was a more recent work (e.g., published in the 1960s or 70s), it would likely still be under copyright protection. Therefore, for any use involving cover versions, sampling, or synchronization, clearance is required until the public domain status can be definitively established.

Confidence

30

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 of "Petunia's Gone Again" by Dale Evans Woodburn falls under an 'UNCERTAIN' status regarding its public domain classification because the year of its fixation is currently unknown. The Music Modernization Act (MMA), specifically the Classics Act (Title II of the MMA, 17 U.S.C. § 1401), establishes a framework for copyright protection and public domain entry for pre-1972 sound recordings. This framework assigns different protection terms based on the recording's fixation date: recordings fixed before 1923 are in the public domain, those fixed between 1923 and 1946 are protected for 100 years, 1947 to 1956 for 110 years, and 1957 to 1972 for 120 years, all measured from the year of first publication. Without a confirmed fixation year, it's impossible to apply these precise term calculations. To definitively determine the copyright status of this particular sound recording under the MMA, we would need to ascertain the exact year it was first recorded and, ideally, first published. The artist, Dale Evans Woodburn, is not a widely known figure in popular music history, making readily available discographical information scarcer than for major label artists. This lack of clear public information contributes to the uncertainty. Should the fixation year be discovered, the recording's status would shift from 'UNCERTAIN' to either 'public domain' or 'protected' based on the MMA's tiered schedule for pre-1972 works. For example, if it were found to be a 1930 recording, it would be protected until 2030 (100 years from publication). Without this crucial piece of information, however, its public domain status remains unconfirmed under federal law.

— Cited Sources —

Supporting facts

U.S. Copyright Office, Music Modernization Act Overview
17 U.S.C. § 1401 (Classics Act)
Lack of widely available discographical information for Dale Evans Woodburn
General understanding of MMA implementation for 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.