Fetch!
Uncertain

Suite for Variety Orchestra No. 1

Dmitri Shostakovich
Year unknown
Confidence
90
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Dmitri Shostakovich
Publisher
Sikorski Music Publishers
First published
1938
Rule · Compositions first published in 1938 are protected for 95 years from publication. Enters US public domain on January 1, 2034.

The composition "Suite for Variety Orchestra No. 1" (often erroneously referred to as 'Jazz Suite No. 2') was composed by Dmitri Shostakovich in 1938. Under US copyright law, for works authored by an individual, the standard term of protection is the life of the author plus 70 years. Dmitri Shostakovich passed away in 1975. Therefore, his works entered the public domain 70 years after his death, which would be January 1, 2046 (70 years after 1975). Given that it is currently 2024, the composition remains under copyright protection in the United States. Because the composition is still protected, any use of the underlying musical work – including creating a new recording (cover), sampling its melody or harmony, or using it in a film, television show, or advertisement (sync clearance) – would require a license from the copyright holder. The primary publisher for Shostakovich's works is Hans Sikorski, based in Germany, which manages rights globally, including in the US.

Confidence
98

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 rule engine has classified the sound recording of "Suite for Variety Orchestra No. 1" as UNCERTAIN because the year of fixation is unknown. This is a critical piece of information for applying the Music Modernization Act (MMA), specifically 17 U.S.C. § 1401. The MMA established federal copyright protection for sound recordings fixed before February 15, 1972, which were previously governed by a patchwork of state laws. For such recordings, their federal term of protection depends on their fixation date, with specific durations set forth in the MMA. Without a confirmed fixation date, it's impossible to determine which MMA provision governs this particular recording. Recordings fixed between 1923 and 1946 generally receive 100 years of protection from fixation, while those fixed between 1947 and 1956 receive 110 years, and so on. Since "Suite for Variety Orchestra No. 1" (often known as 'Jazz Suite No. 2') is a classical work by a 20th-century Russian composer, it is highly likely that any recording of it would fall within the pre-1972 category. However, given the nature of classical music, numerous recordings exist, and each individual recording has its own fixation date and thus its own copyright status under the MMA. For example, a recording by a Soviet-era orchestra might have been fixed in the 1950s or 60s, while a modern recording could be from the 1990s or later. Each specific sound recording would need its fixation year to be determined for proper MMA classification.
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Music Modernization Act)
  • U.S. Copyright Office - MMA Background and FAQ
  • Library of Congress - Copyright Term and the Public Domain in the United States
  • Dmitri Shostakovich biography (e.g., Boosey & Hawkes, Schott Music)
  • Discogs.com (for various recordings and their release dates)

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.