Fetch!
Ball Hog Summer cover
Uncertain

Ball Hog Summer

Protect
Year unknown
Confidence
70
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Julian Applebaum
Publisher
Unknown
First published
2021
Rule · Compositions created on or after January 1, 1978 are protected for the life of the author plus 70 years (or 95 years from publication for works made for hire). Protected.

The composition 'Ball Hog Summer' was written by Julian Applebaum and released by his band Protect in 2021. Under the 1976 Copyright Act, compositions created and published in 2021 are protected for a term of the life of the author plus 70 years. Since Julian Applebaum is presumably alive, the composition is firmly protected under federal copyright law. This means that any use of the musical composition, such as creating a cover song, sampling elements from the melody or lyrics, or synchronizing it with visual media (e.g., film, TV, advertising), requires a license from the copyright holder(s) – in this case, Julian Applebaum and/or his designated publisher, if any. Unauthorized use would constitute copyright infringement.

Confidence
95

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 Music Modernization Act (MMA), specifically 17 U.S.C. § 1401, provides a federal copyright framework for sound recordings. However, for 'Ball Hog Summer' by Protect, the exact year of fixation is currently unknown. This lack of a definitive fixation date prevents a precise application of the MMA's term rules. The MMA extended federal copyright protection to pre-1972 sound recordings, which previously were protected under various state laws, but the duration of that protection is contingent upon the recording's fixation year. Without knowing when 'Ball Hog Summer' was recorded and released, it's impossible to determine its specific term of protection under the MMA. For recordings fixed between 1946 and 1962, protection extends for 100 years from fixation. Recordings fixed between 1923 and 1945 receive 95 years plus an additional five years, totaling 100 years. Recordings fixed before 1923 are public domain as of January 1, 2022. Recordings fixed in 1972 or later fall under the 1976 Copyright Act, with a term of 95 years for corporate works or life of the author plus 70 years for individual authors. As 'Protect' is a relatively modern musical act, it is highly probable that 'Ball Hog Summer' was fixed after February 15, 1972, meaning its copyright term would be 95 years from the date of first publication, or life of the author + 70 years if it was a work made for hire. However, without concrete information regarding its release date or fixation year, the status remains officially uncertain, as the exact MMA provision for term calculation cannot be definitively applied.
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Music Modernization Act)
  • U.S. Copyright Office Circular 92 (Copyright Law of the United States)
  • Wikipedia entry for 'Protect' (band)
  • General knowledge of modern music release patterns

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.