Uncertain
Mem’ries of You Mammy
Mamie Smith
Year unknown
— Composition copyright —
Songwriter & publisher
Public Domain- Songwriter(s)
- J. Russell Robinson, George W. Thomas
- Publisher
- Unknown
- First published
- 1920
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 "Mem'ries of You Mammy" was written by J. Russell Robinson and George W. Thomas and first published in 1920. Under the 1976 Copyright Act, compositions published in 1920 are now in the public domain in the United States. Works published before January 1, 1929, entered the public domain 95 years after their publication date, provided their copyright was properly renewed. Given a 1920 publication date, the copyright term would have expired on December 31, 2015 (1920 + 95 years).
As of January 1, 2016, this composition officially entered the public domain in the US. This means that the musical composition itself—the melody, lyrics, and arrangement as originally published—can be freely used, performed, recorded, adapted, or sampled by anyone without needing to obtain permission or pay royalties to the original songwriters' estates or publishers. Therefore, clearance for covers, samples, or synchronization licenses for the underlying musical work is not required in the US.
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
Year of fixation unknown — cannot apply MMA term rules.
— AI Reasoning —
Why this status applies
The rule engine has correctly classified the sound recording of "Mem'ries of You Mammy" by Mamie Smith as UNCERTAIN regarding its Music Modernization Act (MMA) copyright status. This uncertainty arises because the exact year of fixation for this particular recording is unknown. While Mamie Smith is historically significant for her 1920 recordings, notably "Crazy Blues," the specific recording of "Mem'ries of You Mammy" lacks a definitive fixation date that would allow for a precise application of MMA rules. Without this crucial piece of information, determining the length of its protection under 17 U.S.C. § 1401 is impossible.
The Music Modernization Act, enacted in 2018, brought pre-1972 sound recordings under federal copyright protection for the first time. The duration of this protection is determined by a tiered system based on the recording's fixation date. For recordings fixed between January 1, 1923, and December 31, 1946, protection extends for 100 years from publication. However, the exact publication or fixation year is a prerequisite for applying these rules. If "Mem'ries of You Mammy" was fixed in, say, 1925, it would be protected until 2025. If it were from 1922 or earlier, it might be in the public domain. Without this date, a definitive determination cannot be made, leading to the 'UNCERTAIN' status.
Mamie Smith, often referred to as "The Queen of the Blues," was a pioneering African American vocalist whose recordings for OKeh Records in the early 1920s were pivotal in the development of blues and jazz. OKeh Records was a prominent label during that era, responsible for many early blues and jazz recordings. While we know Smith recorded during this period, the specific track's fixation year remains elusive, thereby precluding a clear application of the MMA's federal protection terms. To accurately assess its status, further historical research into OKeh's catalog or Smith's recording sessions for this specific song would be necessary to establish the year of fixation.
— Cited Sources —
Supporting facts
- U.S. Copyright Act, 17 U.S.C. § 1401 (Music Modernization Act)
- Library of Congress Copyright Office, 'The MMA and Pre-1972 Sound Recordings'
- The Blues Foundation, 'Mamie Smith Biography'
- OKeh Records historical discographies (general knowledge)
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.