Fetch!
Never Let Me Down Again cover
Uncertain

Never Let Me Down Again

Depeche Mode
Year unknown
Confidence
75
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Martin Gore
Publisher
EMI Music Publishing
First published
1987
Rule · Compositions created on or after January 1, 1978 are protected for the life of the author plus 70 years (or 95 years from publication for works made for hire). Protected.

The composition for "Never Let Me Down Again" was written by Martin Gore and first published in 1987, concurrently with its release on Depeche Mode's album 'Music for the Masses'. Under US copyright law, for works created and published in 1978 or later, the copyright term is generally the life of the author plus 70 years. Since Martin Gore is still alive, the composition is clearly within copyright protection and is not in the public domain. Therefore, anyone wishing to cover, sample, or synchronize "Never Let Me Down Again" would need to obtain licenses from the copyright holder(s) of the musical composition, which would include the publisher (EMI Music Publishing) and potentially the songwriter. This ensures that the creators are compensated for the use of their intellectual property.

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

Year of fixation unknown — cannot apply MMA term rules.
— AI Reasoning —

Why this status applies

The recording of "Never Let Me Down Again" by Depeche Mode, released in 1987, falls under an 'uncertain' status regarding its sound recording copyright under the Music Modernization Act (MMA). This uncertainty arises because the MMA primarily addressed the pre-1972 sound recordings, bringing them under federal copyright protection. While recordings from 1972 onwards were already covered by federal law, the MMA did amend some aspects, particularly concerning digital performance rights and a uniform federal standard. However, without a specific fixation year provided, it's impossible to definitively apply the precise MMA term rules, which often depend on publication and fixation dates. Depeche Mode's recording of "Never Let Me Down Again" was widely released in 1987 on their album 'Music for the Masses' and as a single by Mute Records (in the UK) and Sire Records (in the US). Recordings from this era are generally subject to federal copyright protection for sound recordings under the 1976 Copyright Act, which grants a term of 95 years from publication for works made for hire. While the MMA did not retroactively change the term for post-1972 recordings, it did consolidate some aspects of sound recording copyright into 17 U.S.C. § 1401. However, the rule engine's 'uncertain' status suggests a lack of a definitive fixation year in its data, which is crucial for a precise application of federal copyright duration, even for post-1972 works.
— Cited Sources —

Supporting facts

  • Music Modernization Act, 17 U.S.C. § 1401
  • Copyright Act of 1976
  • Discogs: Depeche Mode - Music for the Masses album release (1987)
  • Depeche Mode official discography
  • Mute Records and Sire Records official catalogs

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.