Page:Copyright Office Compendium 3rd Edition - Full.djvu/1045

, Third Edition Chs. 4, 8.2, & Supplementary Practice Nos. 18, 19, 27, 29, 35 & 37 [1st ed. 1973), available at http://copyright.gov/comp3/chap2100/doc/appendixA- noticerequirements.pdf.

2122.5 Sound Recordings

This class of works was added in Section 5 of the Copyright Act of 1909 under a 1971 amendment that provided statutory protection to published sound recordings that were fixed on or after February 15, 1972. See Pub. L. No. 92-140, § 3, 85 Stat. 391, 392 (1971) (stating that the amendment "shall apply only to sound recordings fixed, published, and copyrighted on and after the effective date of this Act and before January 1, 1975"); 28 see also 37 C.F.R. 202.15a (1972) ("Only those sound recordings fixed and published on or after February 15, 1972, are eligible for registration."). Sound recordings published between 1972 and 1978 were registered for the original term underclass N and, since 1978, in class SR.

For renewal registration purposes, this category of works includes only sound recordings fixed and published between February 15, 1972 and December 31, 1977. Sound recordings that were fixed prior to February 15, 1972, or fixed but not published between February 15, 1972 and December 1977 are not eligible for renewal registration. To be registrable, a sound recording had to be published with the required copyright notice for sound recordings. See Section 2122.5(G).

NOTE: Certain foreign sound recordings fixed prior to February 15, 1972 or first published prior to January 1, 1978 that are not eligible for renewal registration may be eligible for registration under the provisions of the URAA. See Part VII.

2122.5(A) Date of Fixation

For renewal registration purposes, the date of fixation for a sound recording is the date when the entire series of sounds constituting the sound recording was fixed on a final master recording that is later reproduced in published phonorecords. Sound recordings fixed prior to February 15, 1972 are not eligible for statutory protection.

Chapter 2100 : 55

28 Congress subsequently removed the January 1, 1975 deadline from the statute. See Pub. L. No. 93- 573, § 101, 88 Stat. 1873, 1873 (1974).

12/22/2014 Chapter _00 : 55