400-40
496
Sound recordings as derivative works. (cont'd)
496.01
Derivative sound recordings. (cont'd)
distinction is important since it determines when a "material added" statement will be required on the application.
Examples:
1)
A sound recording of a Beethoven symphony may be considered a derivative work under the definition in the statute, in the sense that it embodies a preexisting musical composition. If it is an entirely new recording, however, the Copyright Office does not regard it as a derivative sound recording for registration purposes.
2)
If a previously released recording of a Beethoven symphony was later remixed, the resulting sound recording would be a derivative sound recording.
496.01(a)
When a "material added" statement will not be required. On an application for registration, a statement of material added will not be required for a sound recording consisting of an entirely new fixation where the authorship statement refers only to the sound recording.
496.01(b)
When a "material added" statement will be required. On an application for registration, the Copyright Office will require a statement of material added for a sound recording containing previously published or registered sounds, or sounds fixed before February 15, 1972. The Copyright Office will also require a statement of material added if the authorship statement on the application refers to element(s) other than the sound recording (for example, the underlying work or artwork on the record jacket) which have been previously published or registered.
[1984]
