Fetch!
Pornography cover
Protected

Pornography

The Cure
1995
Confidence
98
— Composition copyright —

Songwriter & publisher

Protected
Songwriter(s)
Simon Gallup, Robert Smith, Lol Tolhurst
Publisher
Unknown
First published
1982
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 for "Pornography" was created by Simon Gallup, Robert Smith, and Lol Tolhurst. Although the recording provided was from 1995, the album 'Pornography' was originally released in 1982. Therefore, the composition itself would have been first published and fixed in 1982. Since all listed songwriters were alive and the work was created after January 1, 1978, the composition is protected for the life of the last surviving author plus 70 years. Given that all three songwriters are still alive, the composition remains securely under copyright protection in the U.S. This means that any use requiring a mechanical, synchronization, or public performance license for the underlying musical work would need explicit clearance from the rights holders, typically the music publisher and/or the songwriters.

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

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 "Pornography" by The Cure, released in 1995, is protected under federal copyright law in the United States. This is because the recording was fixed on or after February 15, 1972, which is the effective date for federal protection of sound recordings under the Music Modernization Act (MMA). Specifically, Section 1401 of the US Copyright Act, as amended by the MMA, extends federal copyright protection to all sound recordings fixed on or after this date. Prior to the MMA, recordings from this period were already protected by federal copyright, but the MMA clarified and streamlined these protections, especially for older recordings. Since "Pornography" was released in 1995, it falls well within the scope of recordings afforded federal protection. The Cure, a prominent band, released this recording through Fiction Records, an imprint often associated with Polydor and Universal Music Group. This further supports its status as a commercially distributed work that would have been subject to standard copyright practices and registrations. The federal copyright for this sound recording would generally last for 95 years from its publication date if it was considered a work made for hire, which is typical for commercial record label releases. Therefore, the recording of "Pornography" will remain protected in the U.S. until 2090.
— Cited Sources —

Supporting facts

  • 17 U.S.C. § 1401 (Sound recordings)
  • Music Modernization Act (MMA) of 2018
  • U.S. Copyright Office Circular 56: Copyright for Sound Recordings
  • Release date of 'Pornography' (1995)
  • Fiction Records, The Cure's label

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.