Public Domain
La Paloma
Zelie de Lussam
1903
— Composition copyright —
Songwriter & publisher
- Songwriter(s)
- Sebastián Iradier Salaverri
- Publisher
- Unknown
- First published
- 1863
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 underlying musical composition, "La Paloma," was composed by the Spanish musician Sebastián Iradier Salaverri (also known as Sebastián Yradier). It is widely reported that he wrote the song around 1863, just before his death. This places its first publication firmly in 1863.
In the United States, compositions published before January 1, 1929, are now in the public domain. The term of copyright for works published before 1978 and renewed is 95 years from the publication date. Given that "La Paloma" was published in 1863, it completed any potential 95-year copyright term (even with renewals) many decades ago. Therefore, the musical composition of "La Paloma" is unequivocally in the US public domain. This means that anyone can perform, adapt, arrange, or record the song without needing to clear rights with a publisher or composer's estate for the underlying musical work.
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.
No Internet Archive copy was automatically found.
Search archive.org →— Rule Applied —
The deterministic finding
Pre-1923 recording — entered the US public domain on January 1, 2022 under the Music Modernization Act (17 U.S.C. § 1401(a)(2)(A)).
— AI Reasoning —
Why this status applies
The sound recording of "La Paloma" by Zelie de Lussan, released in 1903, is definitively in the public domain in the United States. This determination is based on the Music Modernization Act (MMA), specifically 17 U.S.C. § 1401(a)(2)(A). This provision states that sound recordings fixed before January 1, 1923, entered the public domain on January 1, 2022.
Zelie de Lussan was a prominent American operatic soprano of the late 19th and early 20th centuries, known for her performances with the Metropolitan Opera and Covent Garden. Her 1903 recording of "La Paloma" was made for Columbia Records, a major label at the time. As the recording was fixed in 1903, it clearly falls into the category of 'pre-1923' recordings, which were not protected by federal copyright law prior to the MMA.
The MMA, enacted in 2018, provided federal copyright protection to these older recordings for the first time, but simultaneously established a staggered public domain entry schedule. Recordings from before 1923 were given a protection period that concluded at the end of 2021, ensuring their entry into the public domain on January 1, 2022. Therefore, this specific performance by Zelie de Lussan of "La Paloma" is now free for public use, including copying, distribution, and performance, without requiring permission or payment to the sound recording copyright holder (which would have been Columbia Records).
— Cited Sources —
Supporting facts
- Music Modernization Act, 17 U.S.C. § 1401(a)(2)(A)
- Havanaise by Yradier. La Paloma. Soprano Zélie de Lussan. Columbia Grand Opera Record (1903)
- Zelie de Lussan biographical information (e.g., Metropolitan Opera Archives)
- Public Domain Information Project (PDInfo) - MMA Pre-1923 Recordings
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.
