Public Domain Status

sound recording · 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 StatesCurated evidence · 1 source

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 4 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