Protected

Ain't Misbehavin'

Fats Waller

2000

Confidence

95

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Fats Waller, Harry Brooks, Andy Razaf
Publisher: EMI Mills Music Inc.
First published: 1929

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 musical composition "Ain't Misbehavin'" was written by Fats Waller, Harry Brooks, and Andy Razaf and was first published in 1929. At the time of its creation, works were protected for an initial term of 28 years, renewable for a second 28-year term. Subsequent copyright term extensions, including the Copyright Act of 1976 and the Sonny Bono Copyright Term Extension Act of 1998 (CTEA), retroactively extended the terms for works still under copyright. For works published between 1923 and 1977, if copyright was properly renewed, the term of protection was extended to a total of 95 years from the year of first publication. Since "Ain't Misbehavin'" was published in 1929, and assuming its copyright was properly renewed (which is highly probable for such a popular and enduring standard), its copyright would extend 95 years from 1929, meaning it would enter the public domain on January 1, 2025. Therefore, as of today, the composition remains under copyright protection in the United States. Any use requiring the rights to the underlying musical work, such as creating cover songs, synchronization for film/TV, or sampling, would require a license from the music publisher.

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

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 Fats Waller's "Ain't Misbehavin'" released in 2000 is protected under federal copyright law as per the Music Modernization Act (MMA). Specifically, this recording falls under 17 U.S.C. § 1401(a), which extends federal copyright protection to sound recordings fixed on or after February 15, 1972. Although "Ain't Misbehavin'" is a much older composition, this particular recording was created and first released in the year 2000. Since this recording was fixed well after the February 15, 1972 cutoff date, it is treated like other works created after this period. This means the sound recording is granted protection for a term equal to the life of the author plus 70 years, or, if it was a work made for hire (which is common for many record label releases), 95 years from its first publication in 2000. Therefore, anyone wishing to reproduce, distribute, publicly perform via digital audio transmission, or create derivative works from this specific 2000 sound recording would need to obtain a license from the copyright holder, typically the record label that produced and released it. This protection is distinct from the copyright status of the underlying musical composition.

— Cited Sources —

Supporting facts

17 U.S.C. § 1401(a)
Music Modernization Act (MMA) of 2018
U.S. Copyright Office Circular 56a (Copyright Registration of Musical Compositions and Sound Recordings)
Public Law 115-264 (MMA legislation)
Date of first release for the specific sound recording (2000)

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.