Protected

Also Sprach Zarathustra

Ohio State University Marching Band

2002

Confidence

100

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Richard Strauss
Publisher: Unknown
First published: 1896

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 underlying musical composition, "Also Sprach Zarathustra," was composed by Richard Strauss in 1896. This orchestral tone poem was first published in Germany in 1896 and subsequently premiered. Under current U.S. copyright law, works published before January 1, 1929, are definitively in the public domain, provided any necessary renewal formalities were met at the time (though for works this old, the effective date is often tied to the 1923 cutoff for automatic public domain status). Since Richard Strauss's composition was published in 1896, it falls well before the 1929 cutoff. Therefore, the musical composition itself is firmly in the public domain in the United States. This means that anyone can perform, arrange, record, or adapt the musical notation of "Also Sprach Zarathustra" without needing a license from a music publisher or the composer's estate. While the Ohio State University Marching Band's specific *recording* is protected, the underlying *song* is free to use for covers, samples (of the sheet music, not the recording), and synchronization clearances without any publishing fees.

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 "Also Sprach Zarathustra" by the Ohio State University Marching Band, released in 2002, is unequivocally protected under federal copyright law in the United States. This protection stems directly from the Music Modernization Act (MMA), specifically its provisions for sound recordings fixed on or after February 15, 1972. As the fixation date of 2002 falls well within this timeframe, the recording is granted federal copyright protection. The MMA, by clarifying and unifying protection for pre-1972 and post-1972 sound recordings, ensures that works like this contemporary recording are treated under federal copyright law, rather than a patchwork of state laws. For works created as 'works made for hire,' which often applies to university marching band recordings released by the institution or a label, this means the copyright term is typically 95 years from publication or 120 years from creation, whichever expires first. Given its 2002 fixation, this recording will remain under federal copyright protection until at least 2097. This protection grants the copyright holder—likely The Ohio State University or an affiliated entity—exclusive rights over reproduction, distribution, public performance (via digital audio transmission), and creation of derivative works. Any unauthorized use, such as sampling or synchronization in another media, would require a license from the sound recording copyright holder.

— Cited Sources —

Supporting facts

17 U.S.C. § 1401 (Music Modernization Act)
US Copyright Office Circular 92, Chapter 14
Ohio State University Marching Band discography
History of 'Also Sprach Zarathustra' in popular culture

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.