400-43
496
Sound recordings as derivative works. (cont'd)
496.03
Registrability of derivative authorship. (cont'd)
496.03(b)
Preexisting sounds recast. (cont'd)
496.03(b)(2)
Noncopyrightable elements. (cont'd)
NOTE: (cont'd)
content of the original sounds and the new ones remains essentially unchanged. In such a case, the date the original recording was made is the date of fixation, and there is generally no new sound recording authorship (except compilation, where appropriate) on which to base a claim. Most recordings made before 1960 fall into this category.
496.03(b)(3)
Minimal contributions. The following elements may involve effort, but registration based on them alone will be refused. However, where they are included in addition to clearly copyrightable new material, the claim should be registered.
- Changing the treble (highs) and bass (lows)
- Equalization
- Reverberation
- Balancing
496.03(b)(4)
Elements whose registrability is subject to question. These include the following:
1)
Editing. The Copyright Office will question "editing" when this is the only statement of new material. A claim based on "editing" should be defined in terms of specific sound engineering techniques employed.
[1984]
