Protected

Moorish Flamenco

Paco Amaya

1943

Confidence

95

— Composition copyright —

Songwriter & publisher

Protected

Songwriter(s): Paco Amaya
Publisher: Unknown
First published: 1943

Rule · Compositions first published in 1943 are protected for 95 years from publication. Enters US public domain on January 1, 2039.

The underlying musical composition "Moorish Flamenco" by Paco Amaya, first published in 1943, is currently protected under U.S. copyright law. Compositions published in 1943 fall under the protection terms of the 1976 Copyright Act, as modified by the Copyright Term Extension Act (CTEA). For works published between 1923 and 1977, if copyright was properly renewed, the term of protection is 95 years from the date of publication. Assuming the composition's copyright was properly registered and renewed, which is highly probable for a commercially released work by a known artist, "Moorish Flamenco" will remain protected until December 31, 2038. It will then enter the U.S. public domain on January 1, 2039. During this protected period, any use of the composition itself—such as creating a new cover recording, printing sheet music, or synchronizing it with visual media—requires a license from the composition's copyright holder(s) or their administrator.

Confidence

90

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 1943 are protected for 100 years under the MMA. Enters US public domain on January 1, 2044.

— AI Reasoning —

Why this status applies

The sound recording of "Moorish Flamenco" by Paco Amaya, fixed in 1943, is currently protected under the Music Modernization Act (MMA). This protection is specifically governed by 17 U.S.C. § 1401(a)(2)(A)(i), which extends federal copyright protection to sound recordings fixed between February 15, 1972, and January 1, 1923, for a period of 100 years from fixation. In this case, the recording's 1943 fixation date falls squarely within this timeframe. Prior to the MMA, recordings from this era existed under a patchwork of state laws, making their copyright status often ambiguous and difficult to enforce. The MMA unified these recordings under federal law, providing a clear, albeit lengthy, term of protection. For "Moorish Flamenco," this means the recording's rights holders, likely the original record label and their successors, retain exclusive rights to reproduce, distribute, perform publicly (via digital audio transmission), and create derivative works from this specific recording until the end of 2043. Therefore, anyone wishing to use this particular sound recording, for example, in a film, advertisement, or to create a sample, would need to obtain a license from the sound recording copyright holder. The recording is scheduled to enter the U.S. public domain on January 1, 2044, at which point it will be freely available for use without needing permission from the recording's rights holders.

— Cited Sources —

Supporting facts

17 U.S.C. § 1401(a)(2)(A)(i) - Term of protection for pre-1972 sound recordings
Music Modernization Act (MMA) of 2018
U.S. Copyright Office Circular 97 (Copyright for Sound Recordings)
Paco Amaya discography and recording dates

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.