Shotgun Law
PUBLIC DOMAIN FYI
Sound Recording Copyright
Fetch!
Uncertain

Bold Fenian Men

Dermot O’Brien
Year unknown
Confidence
75
— Composition copyright —

Songwriter & publisher

Public Domain
Songwriter(s)
Peader Kearney
Publisher
Unknown
First published
1916
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 'Bold Fenian Men' (also known as 'Down by the Glenside') was written by Peader Kearney, the uncle of Brendan Behan. It was composed in 1916, a pivotal year in Irish history, and published shortly thereafter. Under the 1976 Copyright Act and subsequent extensions like the CTEA, works created and published in 1916 would typically enter the public domain after 95 years. Therefore, as of January 1, 2012 (1916 + 95 years), the musical composition 'Bold Fenian Men' is in the public domain in the United States. Because the composition is in the public domain, it can be freely covered, sampled, or used in synchronization with visual media (sync license) without needing to clear rights from a copyright holder for the composition itself. While the specific sound recording by Dermot O'Brien may still have copyright protections (or lack thereof, as per the MMA analysis), the underlying song is free for public use.

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 sound recording of 'Bold Fenian Men' by Dermot O'Brien is classified as UNCERTAIN under the Music Modernization Act (MMA) because the year of fixation is unknown. The MMA, specifically 17 U.S.C. § 1401, established a framework for copyright protection for sound recordings fixed before February 15, 1972, which were previously governed by various state laws. To determine the duration of federal protection, the MMA relies heavily on the fixation date. Without a confirmed fixation date, it's impossible to apply the MMA's tiered system for pre-1972 recordings. For instance, recordings fixed between January 1, 1923, and December 31, 1946, received federal protection until December 31, 2067. Recordings fixed between January 1, 1947, and December 31, 1956, received protection until February 15, 2072, and so on. Given that Dermot O'Brien was active in the mid-to-late 20th century, it is highly probable that this recording was fixed before February 15, 1972, but without that specific year, definitive MMA term calculation is not possible. Labels like Outlet Records, which released many Irish artists, often had varied recording practices regarding clear date documentation, further contributing to this uncertainty.
— Cited Sources —

Supporting facts

  • Music Modernization Act, 17 U.S.C. § 1401
  • Dermot O'Brien discography (e.g., on Discogs)
  • Information about Outlet Records (label)
  • General knowledge of Irish folk music recording practices

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.