Shotgun Law
PUBLIC DOMAIN FYI
Sound Recording Copyright
Fetch!
Nervous Breakdown cover
Protected

Nervous Breakdown

Eddie Cochran
1988
Confidence
95
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Eddie Cochran
Publisher
Campbell Connelly & Co Ltd
First published
1958
Rule · Compositions first published in 1958 are protected for 95 years from publication. Enters US public domain on January 1, 2054.

The musical composition "Nervous Breakdown" was written by Eddie Cochran and first published in 1958, not 1988. Eddie Cochran passed away in 1960. Under the 1976 Copyright Act and subsequent extensions like the Copyright Term Extension Act (CTEA), works created and published between 1923 and 1977 are generally protected for 95 years from the date of publication, provided copyright was properly renewed. Given that 1958 is well within this window, and it's a commercially successful song, it is highly probable that its copyright was renewed. Therefore, the composition remains under copyright protection until at least 2053 (1958 + 95 years). Any use of the underlying musical composition – such as creating a cover version, using its lyrics, or obtaining a sync license – would require permission from the copyright holder, which is typically the music publisher. The provisional rule based on a 1988 date was inaccurate for the composition, as the composition significantly predates that.

Confidence
90

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 "Nervous Breakdown" by Eddie Cochran, released in 1988, is protected under federal copyright law. This is because the Music Modernization Act (MMA), specifically 17 U.S.C. § 1401, extended federal copyright protection to sound recordings fixed on or after February 15, 1972. As this recording was fixed and released in 1988, it falls squarely within this federal protection. While Eddie Cochran himself passed away in 1960, this 1988 recording is a re-release or a compilation of his earlier work, or potentially a new fixation of a performance that occurred earlier. The key factor for the sound recording's protection under the MMA is its fixation date. Since the specific version in question was released in 1988, it receives the full suite of federal copyright protections available under the MMA. Therefore, anyone wishing to use this particular sound recording, for example, in a synchronization with a visual work (sync license), or to sample it, would need to obtain a license from the copyright holder, which is likely the record label that released the 1988 version, or their successor in interest.
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Music Modernization Act)
  • US Copyright Office circulars on sound recording copyright
  • History of Eddie Cochran's recordings
  • Discographies of Eddie Cochran releases

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.