Protected

Tea for Two (from "Tea for Two")

Vincent Youmans

1999

Confidence

100

— Composition copyright —

Songwriter & publisher

Public Domain

Songwriter(s): Vincent Youmans, Irving Caesar
Publisher: Warner/Chappell Music
First published: 1924

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 "Tea for Two" was written by Vincent Youmans (music) and Irving Caesar (lyrics) and first published in 1924 as part of the musical 'No, No, Nanette.' While the provisional rule based on the 1999 recording date would suggest protection, the actual composition year of 1924 is the critical factor for its copyright status. Under US copyright law, compositions published in 1924 were originally protected for 28 years, renewable for another 28 years. Subsequent extensions through acts like the Copyright Term Extension Act (CTEA) of 1998 ultimately extended the term for works published between 1923 and 1977 to 95 years from the date of publication, provided their copyrights were properly renewed. Given the immense popularity and commercial value of "Tea for Two," it is virtually certain that its copyright was properly renewed and maintained. Therefore, the composition "Tea for Two" remains under copyright protection in the US until the end of 2019 (1924 + 95 years = 2019), but it entered the public domain on January 1, 2020. This means the composition is now in the public domain in the US.

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 "Tea for Two (from 'Tea for Two')" by Vincent Youmans, released in 1999, is definitively protected under federal copyright law in the United States. This is because the recording's fixation date of 1999 falls squarely within the scope of the Music Modernization Act (MMA), specifically the provisions that fully federalize copyright protection for sound recordings. Prior to the MMA, recordings fixed before February 15, 1972, were subject to state common law or statutory protection, while recordings fixed on or after this date received federal protection. Since this particular recording was fixed and released in 1999, it is governed by federal copyright law as established by the 1976 Copyright Act and later amendments, including the MMA (17 U.S.C. § 1401). This means the recording is protected for a term of 95 years from publication, or 120 years from creation if unpublished, for works made for hire, which is typical for commercial sound recordings. Vincent Youmans, while the composer, is listed as the artist, suggesting a modern re-recording or arrangement, which would generate a new sound recording copyright. This specific recording, being a 1999 fixation, clearly benefits from the unified federal protection extended by the MMA, solidifying its status as a copyrighted work under federal law. Its protection term will run until 2094, assuming it was published in 1999.

— Cited Sources —

Supporting facts

Music Modernization Act (MMA), Title I (CLASSICS Act)
17 U.S.C. § 1401
17 U.S.C. § 302 (Term of copyright)
U.S. Copyright Office Circular 56a (Copyright in Sound Recordings)
Date of fixation (1999)

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.