400-33
490
Sound recordings. Sound recordings are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. 17 U.S.C. 101.
491
Sound recording distinct from underlying work. Copyright in a sound recording relates only to the particular series of sounds constituting the recording. It is not the same as, nor is it a substitute for, copyright in a musical, dramatic, or literary work, the performance of which is recorded.
492
Sound recording distinct from sounds accompanying audiovisual work. Sounds accompanying audiovisual works, whether physically integrated with the audiovisual work (such as a soundtrack on a motion picture) or fixed on a separate tape, disk, or other such object, are not sound recordings under the statute.
492.01
Classification. Where a sound recording claim is asserted in sounds accompanying an audiovisual work, and the complete audio visual work is being registered, the Copyright Office will request a new application in the class appropriate to audiovisual works. See section 470 et seq. above.
Example:
A multimedia kit containing a filmstrip and an accompanying cassette tape is submitted in Class SR with a claim on "sounds, text, and photographic material." Since this is an audiovisual work, the sounds are not considered a "sound recording," and are not registrable as such. The claim to copyright should be registered in Class PA as an audiovisual work. See sections 470 and 477 above.
[1984]
