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, Third Edition 803 Sound Recordings

803.1 What Is a Sound Recording?

Sound recordings are "works that result from the fixation of a series of musical, spoken, or other sounds, but not including sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes or other phonorecords, in which they are embodied." 17 U.S.C. § 101.

A series of musical, spoken, or other sounds requires a temporal succession of sounds rather than a single sound expressed horizontally or simultaneous sounds expressed vertically, such as in a chord.

803.2 Sound Recordings Distinguished from Other Types of Works

803.2(A) Sound Recordings Distinguished from Musical Works

A sound recording and the music, lyrics, words, or other underlying content embodied in that recording are separate works. The copyright in a sound recording covers the recording itself, but does not cover the music, lyrics, words, or other underlying content embodied in that recording (or vice versa).

For more information on this issue, see Sections 802.8(A) and 803.8(A).

803.2(B) Sound Recordings Distinguished from the Sounds Accompanying a Motion Picture

There is a legal distinction between a sound recording and the soundtrack for a motion picture or other audiovisual work. The statutory definition for a sound recording specifically states that this category does not include the "sounds accompanying a motion picture or other audiovisual work." 17 U.S.C. § 101. Thus, when an applicant intends to register the sounds in a motion picture or other audiovisual work, the applicant must state "sounds," "soundtrack," or "sounds accompanying a motion picture/audiovisual work," rather than "sound recording."

For further information on this issue, see Sections 803.8(F)(1), 807.2(B), and 808.2(B).

803.3 Elements of Sound Recordings

There are two types of sound recording authorship:

• Authorship in the performance(s); and

• Authorship in the production of the sound recording.

Generally, both the performer and the producer of a sound recording of a musical performance or spoken word performance contribute copyrightable authorship to the sound recording. In some cases, however, the main or sole contribution may be production authorship (as in a recording of bird songs, where there is no human

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12/22/2014 Chapter _00 : 39