Petunia's gone again

The Music Modernization Act (MMA), specifically 17 U.S.C. § 1401(a), establishes a federal copyright term for sound recordings fixed before February 15, 1972, providing a period of protection before they enter the public domain. However, to apply these rules, the exact year of fixation is crucial. In this case, the recording 'Petunia's gone again' by Petunia & The Vipers lacks a readily available, definitive fixation date in public records, such as album liner notes, copyright registration databases, or reputable music archives. Without a confirmed fixation year, it's impossible to determine the precise federal copyright term under the MMA. While Petunia & The Vipers is a contemporary act, and their recordings are generally expected to be fixed well after 1972, the rule engine must rely on verifiable data. The 'UNCERTAIN' status reflects this lack of a precise date, which prevents the application of the MMA's specific term durations (e.g., December 31, 2021, for recordings fixed before 1923; December 31, 2046, for recordings fixed between 1923 and 1946, etc.). Therefore, while it's highly probable the recording is protected, its specific federal public domain entry date cannot be definitively stated without the fixation year. It is important to note that even without a definitive fixation year for federal purposes, common sense suggests that a contemporary recording by an active band like Petunia & The Vipers would almost certainly be protected by copyright, likely for a term of 95 years from fixation, as is typical for post-1972 recordings under general copyright law. However, the MMA specifically addresses pre-1972 recordings, and its provisions cannot be fully invoked without the required date.