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, Third Edition registration record mistakenly includes a claim in the recorded material. For information regarding uncorrected errors in original registration records, see Section 2130.

2122.5(F) Renewal Claim Includes Artwork or Text on Album Cover or Insert

To secure statutory copyright, visually perceptible authorship first published on an

album cover or insert must have been first published with the statutory or U.C.C. notice for visually perceptible authorship. For renewal registration purposes, these elements must be registered separately from the sound recording, based on the separate copyright notices for the sound recording and visually perceptible authorship, unless:

• The renewal claim is based on an original registration record for the sound recording that included these elements; and

• The renewal copyrights vested in the same party and on the same date.

NOTE: A copyright notice for the sound recording cannot secure statutory copyright for the visually perceptible authorship.

Section 19 of the Copyright Act of 1909 provided that the copyright notice for a sound recording should contain the symbol ® [i.e., the letter P in a circle], the year of first publication, and the name of the copyright proprietor, or a recognized abbreviation or alternative designation of the proprietor. Copyright Act of 1909, amended by Pub. L. No. 92-140, 85 Stat. 391, 391 (1971]. If no other name appears in conjunction with the notice, but the producer of the sound recording was named on the labels or containers, this name should be considered a part of the notice. The notice should appear on the album covers or on the disk covers in such a way as to give reasonable notice of the claim to copyright.

For renewal registration purposes, when a sound recording is first published with a copyright notice that does not include the name of the copyright proprietor, but the record producer is named on the album cover or labels on the tape or disk of the phonorecord, the record producer will be identified in the renewal registration record as the original copyright claimant.

NOTE: A copyright notice for the visually perceptible authorship on a record album cover, disk, or insert cannot secure statutory protection for the sound recording.

Motion pictures and other audiovisual works were registered for the original term under classes J, L, and M as published and unpublished works and, since 1978, in class PA. Motion pictures include "photoplays" (feature films, television shows and videos with a dramatic plot, animated cartoons, etc.] registered in class L, and other films (such as documentaries, educational or instructional filmstrips and videos, newsreels and other television shows that are not dramatic in nature] registered in class M. Motion pictures and audiovisual works may or may not contain an integrated soundtrack. When sounds were first published as part of a motion picture or audiovisual work, they are

2122.5(G)

Notice Requirements

2122.6

Motion Pictures and Other Audiovisual Works

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