Page:Compendium of US Copyright Office Practices (1973).pdf/422

S-47 No. 14

MUSIC EXAMINING: NEW MATTER MINIMAL OR NOT CLEARLY STATED

The following practices apply to all cases involving the registration of claims to copyright in new versions or new editions of previously registered or published material, but especially to claims based on musical editing and new versions of "folk songs."

1) Where the new matter is stated simply as "editing" or "arrangement," and the copy clearly shows the presence of substantial editing or arrangement and its nature, registration should be made without further question.

2) Where the new matter is stated simply as "editing" or "arrangement" and it is not clear from the copy whether any substantial and original editing or arrangement is present, or what it consists of, the Examining Division should request a clearer statement of new matter. If it seems clear that no such editing or arrangement is, in fact, present, or if a satisfactory statement cannot be obtained, the claim may be rejected for lack of new matter.

3) In all cases where it is clear that the basic musical composition is in the public domain, registration should be made only if an acceptable statement of new matter appears in the space provided for that purpose on the application. Moreover, it is not sufficient for the new matter merely to be suggested indirectly in the statement of authorship on the application.

4) Where it is clear to the examiner from the face of the copy that no new copyrightable words or music are present, but the application appears to assert a claim in the words and music (either alone or in combination with arrangement or editing) the claim should be rejected or a new application should be requested in which the basis of claim is clearly stated.

a. In cases of this sort the words and music of the song should be so well-known end familiar that an average examiner should be reaonably certain of the lack of new words and music from the face of the copy. The sact that & musicologist or folklorist would recognize the words and music as old is not in itself sufficient to justify questioning the claim, and under ordinary circumstances an examiner is not justified in undertaking research to confirm his suspicions. 9-60