Protected
Hanging Tree
Hinkley
2006
Confidence
95
Composition copyright not analyzed
This recording was analyzed before composition (songwriter) copyright lookup was added. The underlying musical composition is a separate copyright that may still be protected even when the recording is in the public domain.
— 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
This sound recording, "Hanging Tree" by Hinkley, was first released in 2006. According to the Music Modernization Act (MMA), specifically 17 U.S.C. § 1401(a)(1), sound recordings fixed on or after February 15, 1972, are subject to the same protections as other federally copyrighted works. This means the copyright term for such recordings is either 70 years after the last surviving author's death or 95 years from the year of first publication (or 120 years from creation, whichever is shorter) for works made for hire.
Since "Hanging Tree" was fixed and released in 2006, it falls squarely within this provision. Its copyright protection began upon its creation and publication in 2006 and will continue for the statutory term applicable to federal copyrights. Therefore, as of today, the sound recording for "Hanging Tree" is protected under federal copyright law.
It is important to note that this analysis pertains exclusively to the sound recording copyright. The underlying musical composition (melody and lyrics) for "Hanging Tree" is a separate copyrightable work, and its protection status would be determined by the relevant provisions governing musical compositions, typically based on the life of the composer(s) plus 70 years.
— Cited Sources —
Supporting facts
- 17 U.S.C. § 1401(a)(1) - Recordings fixed on or after Feb. 15, 1972
- Music Modernization Act (MMA) implementation
- Recording's earliest known release date: 2006
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.