Page:Copyright Office Compendium 3rd Edition - Full.djvu/1040

, Third Edition 2122.1 Musical Works and Songs

This class of works was registered for the original term under class E, as both published and unpublished works, and since 1978 in class PA. For renewal registration purposes, this class of works includes published and unpublished musical works and songs. It does not include published works containing only lyrics. 27

2122.1(A) Published After Registration as Unpublished Work

When a musical work or song was published following registration as an unpublished work before 1978, a renewal with addendum claim may be filed based on first publication to show proof that the song as first published met the statutory requirements to maintain the copyright secured by the original registration. See Section 2115.3(E).

2122.1(B) First Published as a Component Element of a Motion Picture Soundtrack

Renewal registration in a song or incidental music first published in a motion picture soundtrack is possible only if the song or incidental music was registered separately from the motion picture for the original term, or if the motion picture was first published with a separate copyright notice for the musical work. See Section 2122.6(C).

2122.1(B)(1) Registered for Original Term as Unpublished Work

When a musical work or song from a motion picture was registered for the original term as an unpublished work, a renewal registration may be based on the original registration record, even when the motion picture was published before the effective date of the original term registration. When registration records show the motion picture was published prior to the effective date of the original registration record, the U.S. Copyright Office will add an annotation to the certificate of renewal registration and a note in the registration record for the musical work regarding the registration record for the published motion picture, because of the effect of publication on the copyright term.

2122.1(B)(2) Renewal Claim Based on Motion Picture Registration

Renewal registration for a musical work or song that was first published in a motion picture soundtrack cannot be based on the original registration record for the motion picture.

27 Song lyrics that were first published separately from the music could be registered in class A as a book for the original term. See Section 2118.

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