Protected

Isabella

Gösta Ekman

1930

Confidence

95

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Gustaf W. Edgren, Jules Sylvain
Publisher: Unknown
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 composition "Isabella" was written by Gustaf W. Edgren (lyrics) and Jules Sylvain (music), and was first published in 1929, notably as part of the Swedish film "Säg det i toner" from that same year. In the United States, compositions published before January 1, 1978, are generally protected for a term of 95 years from the date of first publication, thanks to extensions provided by the 1976 Copyright Act and the Sonny Bono Copyright Term Extension Act (CTEA). Since "Isabella" was published in 1929, its 95-year copyright term would have expired on December 31, 2024 (1929 + 95 years). Therefore, as of January 1, 2025, the underlying musical composition for "Isabella" is in the public domain in the United States. This means that the music and lyrics can be freely covered, sampled, or used in sync without needing to clear rights from a publisher or songwriter heirs, though permission for the specific sound recording (which is still protected) would still be required until 2031.

Confidence

100

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 1930 are protected for 100 years under the MMA. Enters US public domain on January 1, 2031.

— AI Reasoning —

Why this status applies

The sound recording of "Isabella" by Gösta Ekman, though recorded in 1930, was not widely released or made public until much later, with its earliest known release date being November 22, 2000. Prior to the Music Modernization Act (MMA) of 2018, sound recordings fixed before February 15, 1972, were primarily governed by state common law and not federal copyright law. This created a patchwork of protections across the US, often leading to uncertainty regarding their public domain status or scope of protection. The MMA, specifically Section 1401 of Title 17, U.S. Code, extended federal copyright protection to these pre-1972 sound recordings. For recordings fixed between 1923 and 1946, the MMA grants a term of protection of 100 years from the date of fixation. Since Gösta Ekman's recording of "Isabella" was fixed in 1930, it falls squarely within this provision. This means that, despite its late commercial release, the recording's federal protection began with the MMA's enactment and will continue until January 1, 2031, at which point it will enter the US public domain. This federalization aimed to unify and clarify the copyright status of these older recordings.

— Cited Sources —

Supporting facts

17 U.S.C. § 1401 (Music Modernization Act)
MMA Transition Periods for Pre-1972 Sound Recordings (US Copyright Office)
H.R.1551 - Music Modernization Act (Congress.gov)
Wikipedia entry for Gösta Ekman (actor/singer)

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.