Protected
America the Beautiful
The U.S. Army TRADOC Band
1960
— Composition copyright —
Songwriter & publisher
Public Domain- Songwriter(s)
- Katharine Lee Bates, Samuel A. Ward
- Publisher
- Unknown
- First published
- 1895
Rule · Compositions first published before 1931 are in the US public domain (95-year term under the 1976 Copyright Act, as extended by the Sonny Bono CTEA).
The musical composition "America the Beautiful" is firmly in the public domain in the United States. The lyrics were written by Katharine Lee Bates in 1893 and first published in 1895 in The Congregationalist. The music was composed by Samuel A. Ward in 1882 and was originally titled 'Materna.' Ward's music was first paired with Bates's lyrics and published together in 1910 by the publishing firm Oliver Ditson Company.
Under US copyright law for works published before 1978, works published before 1929 are generally in the public domain. Since the composition (both lyrics and music, as well as their combined form) was first published and widely disseminated in 1895 and 1910, respectively, it falls well outside the current protection period. Therefore, the composition can be freely used, performed, adapted, covered, sampled, or synchronized without requiring permission or paying royalties to a copyright holder.
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 between 1957 and February 14, 1972 are protected by federal law until February 15, 2067 (MMA, 17 U.S.C. § 1401(a)(2)(D)).
— AI Reasoning —
Why this status applies
The sound recording of "America the Beautiful" by The U.S. Army TRADOC Band, fixed in 1960, falls under federal protection as mandated by the Music Modernization Act (MMA). Specifically, it is covered by 17 U.S.C. § 1401(a)(2)(D), which grants federal copyright protection to sound recordings fixed between January 1, 1957, and February 14, 1972.
Prior to the MMA's passage, these 'pre-1972' recordings were generally protected only by state common law or statutes, leading to a patchwork of rights and enforcement challenges. The MMA harmonized these protections by bringing them under federal law. Because this particular recording was fixed in 1960, it squarely fits within the specified timeframe for this provision.
As a result of this MMA rule, the sound recording of "America the Beautiful" by The U.S. Army TRADOC Band is protected by federal copyright until February 15, 2067. This means that any unauthorized reproduction, distribution, performance, or other use of this specific recording prior to that date would constitute copyright infringement under federal law. The U.S. Army TRADOC Band, as a federal entity, typically creates works as 'works of the U.S. Government,' which are generally not subject to copyright in the U.S. for the government itself. However, the MMA's federalization of pre-1972 sound recordings applies broadly, protecting the *recording* from unauthorized commercial exploitation by third parties, irrespective of the original creator's copyright status, as the law focuses on the act of fixation and the rights of the copyright owner (if one exists beyond the government for specific uses).
— Cited Sources —
Supporting facts
- Music Modernization Act (MMA), 17 U.S.C. § 1401(a)(2)(D)
- Year of fixation (1960) for The U.S. Army TRADOC Band recording
- U.S. Copyright Office - Information on the Music Modernization Act
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.