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, Third Edition • All of the copyrightable elements must be recognizable as self-contained works.

• All of the works claimed in the application must be first published as a single unit on the same date.

• The copyright claimant for all the works claimed in the unit must be the same. 37 C.F.R. § 202.3(b)(4)(i)(A).

Works that do not satisfy these requirements cannot be registered with the unit of publication option.

In particular, an applicant cannot use this option to register a number of published and unpublished works. An applicant cannot use this option if the works were first published on different dates. Likewise, an applicant cannot use this option if the works were first published in different units or first distributed as separate, individual works.

An applicant may use this option to register the component works within a unit of publication if the claimant is the author of those works or acquired the copyright in those works through a transfer of ownership, provided that the claimant manufactured, produced, published, packaged, or otherwise created the single, integrated unit. In other words, the unit of publication option may be used only if the claimant packaged the unit as a whole. Moreover, the unit cannot be created merely for the purpose of registration; instead the works must have been first distributed to the public in the packaged unit.

For a definition of a "unit of publication" and a detailed discussion of this option, see Chapter 1100, Section 1107. For examples that illustrate this practice, see Section 803.8(H).

802.9 Application Tips for Musical Works

This Section provides basic information on how to complete the online and paper applications for a musical work, as well as terms to use and terms to avoid when describing the authorship in such works.

For detailed information on how to complete an application, see Chapter 600.

802.9(A) Type of Work

A copyright claim in music or lyrics may be registered with the U.S. Copyright Office in the same manner as other works of the performing arts. When submitting an online application, the applicant should select "Work of the Performing Arts" as the Type of Work. (When submitting a paper application, the applicant should use Form PA.)

NOTE: When registering a musical work together with a sound recording of that work, the applicant must select "Sound Recording" as the Type of Work when completing the online application. (When completing a paper application, the applicant must use Form SR.) If an applicant attempts to register a sound recording as a "Work of the Performing Arts" (or with Form PA), the registration specialist will change the Type of Work to

Chapter 800 : 34

12/22/2014 Chapter _00 : 34