400-8
408
Musical derivative works. (cont'd)
3)
Examples: (cont'd)
b)
A composer receives authority to set to music unpublished song lyrics that have never been registered, but is not authorized to claim copyright in the lyrics. Since the lyrics have not been previously published or registered, they are not considered a preexisting work for purposes of registration, but they should nevertheless be excluded from the claim.
408.1
Musical arrangements. A musical arrangement is a work that results from the addition of new harmony to a preexisting work. The standard of originality for arrangements takes into consideration the fact that a melody carries with it a certain amount of implied harmony.
408.01(a)
Harmonic chord symbols. Chord symbols represent the presence of three or more specific notes. However, the individual notes in the chords are not specifically distributed as are chord members in a written-out harmony or in harmony recorded on a phonorecord. To reach the "minimal amount" requirements, harmonic chord symbols must go beyond standard chords in common sequences.
Example:
Chord symbols C (major), a (minor),d (minor), and G (major) are submitted with original words. The harmony is not registrable because this chord sequence is both too short and standard. The words, if substantial enough, may be registered.
[1984]
