400-37
494
Date of fixation as it affects eligibility. (cont'd)
494.01
Definition of fixation. (cont'd)
4)
The work recorded is an opera. Phono-records state: "The famous radio broadcast of this opera on December 7, 1940, is made available for the first time." The Copyright Office will question the date of fixation. If the sounds in the radio broadcast were fixed at the time
of original transmission, the sound recording is not registrable.494.02
State protection for sound recordings fixed before February 15, 1972. With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any state shall not be annulled or limited by the copyright law until February 15, 2047. 17 U.S.C. 30l(c).
495
Copyrightable subject matter. To be registrable, there must be an appreciable amount of original sound recording authorship. Registration as a sound recording is not authorized if original authorship is lacking, as for example, where there is no human authorship and the recording results from a purely mechanical process.
495.01
Types of copyrightable authorship. Sound recording authorship may be contributed by the performer or the record producer. Usually, authorship is contributed by both performer and producer. The Copyright Office will accept an application naming the performer or the producer or both as author(s) of the sound recording, provided it is clear that the author(s) named contributed copyrightable authorship.
[1984]
