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, Third Edition Diatonic or chromatic scales.

Arpeggios.

Chord symbols based on standard chord progressions.

See 37 C.F.R. § 202.1(d); see also Chapter 300, Section 313.4(D).

802.5(B)

Creative Expression

To be copyrightable, a musical work must contain a sufficient amount of creative musical expression. Generally, the musical and lyrical elements of the work are considered separately in determining whether there is sufficient creative expression. There is no predetermined number of notes, measures, or words that automatically constitutes de minimis authorship or automatically qualifies a work for copyright registration. However, short musical phrases are not copyrightable because they lack a sufficient amount of authorship (just as words and short textual phrases are not copyrightable). See 37 C.F.R. § 202.1(a); see also Chapter 300, Section 313.4(C). For example, the phrase, "I love you so much it hurts" is both too short and too lacking in creative spark to be registrable. Similarly, a short phrase of only a few musical notes, such as clock chimes or "mi do re sol, sol, re mi do" would be considered too short and too lacking in creative expression to be registrable.

To be copyrightable, musical works, like all works of authorship, must be of human origin. A musical work created by solely by an animal would not be registrable, such as a bird song or whale song. Likewise, music generated entirely by a mechanical or an automated process is not copyrightable. For example, the automated transposition of a musical work from one key to another is not registrable. Nor could a musical composition created solely by a computer algorithm be registered.

For more information on works created by non-human authors and mechanical processes, see Chapter 300, Section 306.

802.6 Derivative Musical Works

A derivative musical work is one that is based on one or more preexisting, copyrightable work(s) of any nature. The new music authorship may be registered if it is represents sufficient new original authorship. The applicant should identify any preexisting work or works that the derivative work is based on or incorporates, and should provide a brief general statement identifying the additional material covered by the copyright claim being registered. Descriptions of new material might include:

802.5(C)

Human Authorship

New or revised lyrics.

New or revised arrangements.

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