Protected

Somewhere Over the Rainbow

Jimi Hendrix

1975

Confidence

95

— Composition copyright —

Songwriter & publisher

Protected

Songwriter(s): Harold Arlen, E.Y. Harburg
Publisher: EMI Feist Catalog Inc.
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 "Somewhere Over the Rainbow" was written by Harold Arlen (music) and E.Y. Harburg (lyrics) for the 1939 film 'The Wizard of Oz'. It was first published in 1938, well before Jimi Hendrix's 1975 recording. Under the 1976 Copyright Act as amended by the CTEA (Copyright Term Extension Act), compositions first published in 1938 are protected for 95 years from their publication date. Therefore, the composition's copyright will expire on January 1, 2034, at which point it will enter the US public domain. Until then, any covers, samples, or synchronizations of the underlying musical composition require proper licensing and clearance from the copyright holder(s), even though the Jimi Hendrix recording itself is a distinct, federally protected sound recording.

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 Jimi Hendrix's "Somewhere Over the Rainbow," released in 1975, falls under the protection of the Music Modernization Act (MMA), specifically 17 U.S.C. § 1401. This provision extends federal copyright protection to sound recordings fixed on or after February 15, 1972. As the recording was released and presumably fixed in 1975, it clearly meets this criterion. Since its fixation date is post-1972, this recording is subject to the same federal copyright terms as other works created in that era. For works made for hire, or if Hendrix's estate maintains the copyright, this generally means protection for 95 years from publication. This aligns with the MMA's intent to harmonize protections for sound recordings fixed before and after 1972, bringing newer recordings under a unified federal framework. Consequently, this version of "Somewhere Over the Rainbow" by Jimi Hendrix is considered fully protected under US federal copyright law.

— Cited Sources —

Supporting facts

Recording released in 1975.
MMA (Music Modernization Act) 17 U.S.C. § 1401.
Jimi Hendrix's widespread recognition and commercial success.

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.