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, Third Edition • Non-audio digital files, including text files [e.g., .pdf or Microsoft Word) or files created by music notation software embodied in compact discs, flash drives, hard drives, and other digital file storage devices.

• Music accompanying a motion picture or other audiovisual work (as fixed in the audiovisual work).

• A non-audio digital file [e.g., digital notation) that is uploaded to the Office's server in support of an online application.

For the deposit requirements for musical works published in copies, see Chapter 1500, Section 1509.2(A)(2). For unpublished musical works, see Chapter 1500, Section 1509.2(A)(1).

802.4(B) Phonorecords

Phonorecords of musical works include the following:

• Hard copy formats embodying recorded sound, including but not limited to compact discs, vinyl records, and tapes.

• Digital audio files embodying recorded sound, including .wav, .mp3, .wma (uploaded or embodied in compact discs, flash drives, and other digital file storage devices). A digital audio file that is uploaded to the Office's server in support of an electronic registration application is a phonorecord for registration purposes.

For the deposit requirements for musical works published in phonorecords, see Chapter 1500, Section 1509.2(A)(3). For unpublished musical works, see Chapter 1500, Section 1509.2(A)(1).

802.4(C) Motion Pictures

Where music is first published in a motion picture soundtrack, the motion picture is considered a copy of the musical work.

For the deposit requirements for musical works published in motion pictures,

see Chapter 1500, Section 1509.2(A)(5). For unpublished musical works, see Chapter

1500, Section 1509.2(A)(1).

802.5 Copyrightable Authorship in Musical Works

802.5(A) Independent Creation

A musical work must originate from the author of that work to be protected by copyright. A musical work that is merely copied from another source is not copyrightable. For instance, a musical work consisting entirely of common property material would not constitute original authorship. Some examples of common property musical material include:

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