Page:Copyright Office Compendium 3rd Edition - Full.djvu/458

, Third Edition 801.3(A)

Copies

Copies are defined as "material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term 'copies' includes the material object, other than a phonorecord, in which the work is first fixed." 17 U.S.C. § 101. Copies include all forms of embodiment for works of the performing arts, except for "phonorecords," which are defined in Section 801.3(B) below.

Copies may be submitted in hard copy or electronic format. Examples of copies include, but are not limited to books, scripts, musical scores, sheet music, librettos, lyric sheets, filmstrips, and electronic text and presentation files.

A "phonorecord" is a material object "in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." The term also refers to the material object in which sounds are first fixed. 17 U.S.C. § 101.

Phonorecords may be submitted in hard copy or electronic format. Examples of phonorecords include, but are not limited to .mp3 files, compact discs, LP albums, and audiotapes.

801.4 Copyrightable Authorship in Works of the Performing Arts

"To qualify for copyright protection, a work must be original to the author," which means that the work must be "independently created by the author" and it must possesses "at least some minimal degree of creativity." Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340, 345 (1991).

The term "independent creation" means that the author created the work without copying from other works. See id. at 345. The copyright law protects "those components of a work that are original to the author," but "originality" does not require "novelty." Id. at 348. A work may satisfy the independent creation requirement "even though it closely resembles other works so long as the similarity is fortuitous, not the result of copying." Id. at 345.

In addition, a work of the performing arts must have at least a "modicum of creativity" to be copyrightable. Id. at 346. This means that the fruits of creative thought originating from the author must be evident in the work, and the work must not be simply the result of wholesale copying, discovery, or an uncopyrightable change to a preexisting work.

For more information concerning the originality requirement, see Chapter 300, Section 308. For information concerning the originality requirement for specific types of works of the performing arts, see the following Sections:

801.3(B)

Phonorecords

Chapter 800 : 16

12/22/2014 Chapter _00 : 16