Plastic City

The Music Modernization Act (MMA), specifically 17 U.S.C. § 1401, significantly altered the copyright landscape for sound recordings in the United States. A critical component of determining the copyright term for a sound recording under the MMA is its year of fixation. For recordings fixed before February 15, 1972, the MMA provides varying terms of protection, generally extending protection for older works. For recordings fixed on or after February 15, 1972, and before January 1, 1978, the term is generally 95 years from publication, or 120 years from creation if unpublished, or until December 31, 2067, whichever is earlier. For recordings fixed on or after January 1, 1978, the term is generally life of the author plus 70 years, or 95/120 years for works made for hire. In the case of "Plastic City" by Yoshihiro Hanno, the primary obstacle to determining its copyright status under the MMA is the unknown year of fixation. Without this crucial piece of information, it is impossible to apply the specific term rules outlined in 17 U.S.C. § 1401. Yoshihiro Hanno is a contemporary Japanese artist, suggesting the recording is likely modern, but without a definitive fixation date, we cannot confidently place it into the appropriate MMA category (e.g., pre-1972, 1972-1977, or post-1977) to calculate its protection term. Therefore, the copyright status of the sound recording remains uncertain.