Can't Hold Us

The sound recording of "Can't Hold Us" by Macklemore, featuring Ray Dalton, presents an interesting case for copyright analysis under the Music Modernization Act (MMA). The MMA, specifically 17 U.S.C. § 1401(a), establishes copyright terms for sound recordings, largely based on their fixation date. For recordings fixed between January 1, 1923, and December 31, 1946, the term is 100 years. For those fixed between January 1, 1947, and December 31, 1956, it's 85 years, and so on. Recordings fixed on or after January 1, 1972, are subject to a term of 95 years from first publication, generally aligning with the provisions of the 1976 Copyright Act. However, the MMA also sets a blanket expiration date of February 15, 2067, for recordings fixed between 1972 and February 15, 1995. Recordings fixed after February 15, 1995, are protected for 70 years from the end of the year of first publication. For this particular track, the exact date of fixation or first publication of the sound recording is unknown from the provided information, making a definitive application of the MMA's term rules impossible. While the song became a global hit in 2013, the sound recording's fixation might have occurred earlier, perhaps during its initial independent release. Without a confirmed fixation date, stating with certainty which MMA provision applies is not feasible, leading to the 'uncertain' determination. The challenge in classifying "Can't Hold Us" stems from the independent nature of Macklemore's early career before signing with a major label. While the song gained widespread commercial success and popularity in 2013, its initial release and the exact fixation date of *this specific sound recording* are not immediately clear from public domain information, which often prioritizes the album release date. The MMA requires precise fixation dates for determining copyright terms, and without this critical piece of information for the sound recording itself, we cannot accurately apply the tiered system outlined in 17 U.S.C. § 1401. This lack of a specific sound recording fixation date prevents a confident assessment of its public domain status under the MMA. Therefore, the copyright status of the sound recording remains uncertain until further information about its original fixation or first publication date becomes available.