Protected

Daisy Bell

Max Mathews

2022

Confidence

100

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Harry Dacre
Publisher: Unknown
First published: 1892

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 musical composition "Daisy Bell" (also known as "Bicycle Built for Two") was written by Harry Dacre and first published in 1892. In the United States, works published before January 1, 1929, are firmly in the public domain. The 1976 Copyright Act, and subsequent extensions like the CTEA, set specific terms for works published after this date, but works from 1892 fall well outside any current protection period. Therefore, the underlying musical composition for "Daisy Bell" is undoubtedly in the public domain in the United States. This means that anyone is free to create new recordings, arrangements, or adaptations of the song, or use it in film, television, or advertising without needing to seek permission or pay royalties to a music publisher or the songwriter's estate for the use of the composition itself. The 2022 recording by Max Mathews, however, is a distinct copyrighted work separate from the public domain composition.

Confidence

100

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 "Daisy Bell" by Max Mathews is classified as protected under federal copyright law, specifically due to the provisions of the Music Modernization Act (MMA), which codified federal protection for sound recordings. This particular recording was released in 2022, and its fixation date falls well after February 15, 1972. According to the MMA, sound recordings fixed on or after February 15, 1972, are subject to standard federal copyright terms. This means the recording is protected for the life of the author plus 70 years, or 95 years from publication for works made for hire, whichever applies. Max Mathews's 2022 recording of "Daisy Bell" was released through the artist's own channels or a contemporary label, making it a new creation under federal law and fully protected. Since this recording is a contemporary work, created and released in 2022, it clearly meets the criteria for federal copyright protection. It is not an 'pre-1972' recording which would have had a more complex, state-law-based protection history prior to the MMA. The MMA streamlined the protection for all sound recordings, bringing newer works like this one directly under federal statute.

— Cited Sources —

Supporting facts

Music Modernization Act (MMA), 17 U.S.C. § 1401
U.S. Copyright Act of 1976, as amended
Max Mathews 'Daisy Bell' (2022) release information

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.