The Open Goldberg Variations

The sound recording of "The Open Goldberg Variations" by Kimiko Ishizaka is definitively protected under federal copyright law, specifically as outlined by the Music Modernization Act (MMA). The MMA, enacted in 2018, brought pre-1972 sound recordings under federal protection, but recordings fixed on or after February 15, 1972, were already covered by the 1976 Copyright Act. In this case, the recording by Kimiko Ishizaka was fixed in 2012. Since the fixation year of 2012 is well after the February 15, 1972, threshold, this recording falls squarely under the standard federal copyright provisions. It is protected for a term equal to the life of the author(s) plus 70 years, or 95 years from publication if it's considered a work made for hire. This means that any use of this specific recording, such as sampling, reproduction, distribution, or public performance, requires explicit permission from the copyright holder(s), typically Kimiko Ishizaka herself or her designated representatives. Kimiko Ishizaka's "The Open Goldberg Variations" is notable for being a publicly available recording released under a Creative Commons Zero (CC0) license, which dedicates the work to the public domain. While the *recording itself* meets the criteria for federal copyright protection due to its fixation date, Ishizaka's explicit licensing choice effectively waives her exclusive rights, allowing anyone to use the recording without permission or payment. However, it's crucial to understand that this is a voluntary licensing choice by the artist, not a determination that the recording *lacks* copyright protection under federal law; legally, it would be protected if she hadn't applied the CC0 license.