Public Domain Status

sound recording ยท first published 1959

Kind of Blue, original recording (1959), Miles Davis

The original sound recording, distinct from the underlying compositions.

In copyright in the United States

Direct answer

Status by jurisdiction

United States: In copyright. The calculated public-domain date is 2067-02-15 (15 February 2067), in 40 years and 5 months, under us-recording-1957-1972.

United Kingdom: Public domain since 2010-01-01 (1 January 2010), under uk-recording-pre-extension-50.

European Union: Public domain since 2010-01-01 (1 January 2010), under eu-recording-pre-extension-50.

Canada: Public domain since 2010-01-01 (1 January 2010), under ca-recording-pre-2016-non-revival.

Australia: In copyright. The calculated public-domain date is 2030-01-01 (1 January 2030), in 3 years and 3 months, under au-recording-public-70.

Japan: Public domain since 2010-01-01 (1 January 2010), under jp-recording-non-revival-50.

JurisdictionStatusPublic domain dateConfidence
United StatesIn copyright2067-02-15derived
United KingdomPublic domain2010-01-01derived
European UnionPublic domain2010-01-01derived
CanadaPublic domain2010-01-01derived
AustraliaIn copyright2030-01-01derived
JapanPublic domain2010-01-01derived

Rule trace

How we got there

United Statesus-recording-1957-1972
  1. The recording was first published in 1959.
  2. The federal protection schedule gives this recording a release date of 2067-02-15 (15 February 2067).
  3. The recording has its own term and does not inherit the status of the underlying composition.

Source: U.S. Copyright Office, Music Modernization Act FAQ

United Kingdomuk-recording-pre-extension-50
  1. The recording was released in 1959.
  2. Its former 50-year term expired before the extension could preserve it.
  3. The public domain date is 2010-01-01 (1 January 2010).

Source: Copyright and Duration of Rights in Performances Regulations 2013

European Unioneu-recording-pre-extension-50
  1. The recording was released in 1959.
  2. Its former 50-year term expired before the extension could preserve it.
  3. The public domain date is 2010-01-01 (1 January 2010).

Source: EUR-Lex, Directive 2011/77/EU

Canadaca-recording-pre-2016-non-revival
  1. The recording was published in 1959.
  2. Its former 50-year publication term expired before the 2016 extension took effect, so copyright was not revived.
  3. The public domain date is 2010-01-01 (1 January 2010).

Source: Government of Canada, Copyright Act, section 23

Australiaau-recording-public-70
  1. The recording was made in 1959.
  2. The applicable creation or first-public term gives 2030-01-01 (1 January 2030).

Source: National Library of Australia, copyright duration

Japanjp-recording-non-revival-50
  1. The phonogram's applicable year is 1959.
  2. Its former 50-year term had expired before the 2018 extension and was not revived.
  3. The public domain date is 2010-01-01 (1 January 2010).

Source: Japan Agency for Cultural Affairs, term extension questions

Practical scope

What this result does and does not cover

  • A public domain result supports reuse of the original expression covered by this record in the named jurisdiction.
  • Check translations, editions, arrangements, performances, recordings, restorations, artwork and adaptations separately.
  • Trademark, moral rights, privacy, publicity, contract and cultural heritage rules can still apply.

Evidence

Sources