400-36
494
Date of fixation as it affects eligibility. No sound recording fixed before February 15, 1972, is subject to Federal copyright protection. See 17 U.S.C. 301(c). Any sounds fixed before February 15, 1972, must be excluded from the claim. Where it appears that all or a substantial part of the sounds may have been fixed before February 15, 1972, the basis of the claim will be questioned.
494.01
Definition of fixation. A work is "fixed" in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. 17 U.S.C. 101.
Examples:
1)
Phonorecords indicate that the work is a compilation of disk jockey radio shows of the 1940's with some new musical and narrative material. The Copyright Office will question the fixation date of the sounds from the disk jockey radio shows. If fixed before February 15, 1972, these sounds should be excluded from the claim.
2)
Phonorecord jacket states: "Recorded live in 1970." The Copyright Office will question the date of fixation.
3)
Phonorecords state that the work consists of some of the last live performances of a musician who died before February 15, 1972. The Copyright Office will question the date of fixation. If all sounds were fixed before February 15, 1972, the only possible claim is in the compilation.
[1984]
