400-38
495
Copyrightable subject matter. (cont'd)
495.02
Authorship on the part of the performer. Only a human performer can contribute performance authorship. Such performance will presumably result in a sound recording when the performance is fixed on a phonorecord.
495.02(a)
Musical sounds. Included are sounds produced by vocalists and instrumentalists.
Examples:
1)
A recording of a vocalist performing selected songs of a well-known contemporary composer.
2)
A recording of a pianist performing a Beethoven sonata.
495.02(b)
Spoken sounds. Included are sounds spoken by an actor, orator, lecturer, or the like.
Examples:
1)
A recording of an actor portraying Hamlet.
2)
A recording of a preacher delivering a sermon.
495.03
Authorship on the part of the producer. This type of authorship involves capturing and electronically processing the sounds, and compiling and editing them to make the final recording.
495.03(a)
Producer's contribution in the recording of musical or spoken sounds. Where there is sound recording authorship on the part of the performer, the producer may have also contributed copyrightable sound engineering authorship to the sound recording.
[1984]
