How to use the sound recording copyright term calculator
United States law has no separate category of neighboring rights. Where Korea, Japan and the European countries give performers, phonogram producers and broadcasters a right that sits beside copyright, US law simply treats a sound recording as a copyrightable work of authorship, so the ordinary copyright terms apply and there is nothing extra to count for the performer.
That makes three questions decisive: whether the recording was made for hire, when it was first published, and whether it predates February 15, 1972. Recordings fixed in 1978 or later run 95 years from publication or 120 from creation, whichever ends first, when they are works made for hire or anonymous, and life of the author plus 70 years otherwise. Pre-1972 recordings were brought under federal law by the Music Modernization Act and follow its own schedule.
Authority: 17 U.S.C. 302(a) and 302(c) for terms, 17 U.S.C. 305 for the rule that every term ends on December 31, and 17 U.S.C. 1401(a)(2), added by the Classics Protection and Access Act within the Music Modernization Act, for recordings first published before February 15, 1972. Stated as of September 2026.
This calculator is for reference only and is not legal advice. Clearing a recording usually needs a records search and counsel, so consult a licensed attorney about your specific use.
Frequently asked questions
Yes, and that catches people out. The musical composition and the recording of it are separate copyrights with separate owners and separate end dates, so a recording entering the public domain does not release the underlying song, and a licence for one does not cover the other.
Not quite. Performers are usually covered through contract, through ownership shares in the recording copyright, and through the digital public performance right in 17 U.S.C. 106(6) with royalties administered for featured and non featured artists, but none of this is a separate term of protection to calculate.