Protected

King of the Fairies

The Shanes

2007

Confidence

98

— Composition copyright —

Songwriter & publisher

Protected

Songwriter(s): Traditional
Publisher: Unknown
First published: 2007

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.

'King of the Fairies' is a traditional Irish reel, a type of folk music whose origins predate modern copyright law by centuries. While specific arrangements or recordings of traditional tunes can be copyrighted, the underlying melody and structure of a traditional piece like this are generally considered to be in the public domain. There is no single identifiable composer or lyricist, nor a specific first publication year in the modern sense, as it was passed down through oral tradition. Therefore, the composition itself, 'King of the Fairies,' is in the public domain in the United States. This means that anyone can perform, record, arrange, or otherwise use the underlying musical work without needing to clear rights from a songwriter or publisher. However, any new arrangement or performance could potentially be copyrighted as a 'derivative work,' and the specific sound recording by The Shanes is separately protected by copyright as explained above. To create a cover, one would only need to worry about the sound recording if sampling, not the composition.

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 'King of the Fairies' by The Shanes, released in 2007, falls under the protection of federal copyright law as established by the Music Modernization Act (MMA). Specifically, the MMA extended federal copyright protection to sound recordings fixed on or after February 15, 1972. Since The Shanes' recording was fixed and released in 2007, it comfortably meets this criterion. Prior to the MMA, sound recordings fixed before February 15, 1972, were primarily protected by state laws. However, the MMA unified these protections under federal law, granting recordings from 1972 onwards the same copyright terms as other federal copyrights: generally the life of the author plus 70 years, or 95 years for works made for hire. As a contemporary recording by a modern musical group, it is treated as a 'work made for hire' for the purpose of copyright duration calculation, meaning the copyright will last for 95 years from its first publication. Therefore, this recording, like many other commercially released tracks from the 21st century by labels such as Universal Music Group, Sony Music Entertainment, or Warner Music Group (depending on The Shanes' affiliation), is fully protected under federal copyright. Any unauthorized use, such as sampling, synchronization, or public performance (beyond statutory licenses for digital audio transmissions), would require explicit licensing from the copyright holder, typically the record label.

— Cited Sources —

Supporting facts

Music Modernization Act (MMA) of 2018
17 U.S.C. § 1401
Effective date of federal copyright for sound recordings: February 15, 1972
Fixation year of 'King of the Fairies' (The Shanes): 2007
Standard copyright term for works made for hire: 95 years

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.