Page:Copyright Office Compendium 3rd Edition - Full.djvu/500

, Third Edition 803.9(D)(5) Executive Producer

The term "executive producer" usually refers to a person involved in the financing or administration of a recording. A person or entity that contributes only these types of services does not contribute copyrightable sound recording authorship and should not be named as an author. If an executive producer contributed copyrightable sound recording authorship, the applicant should describe that author's contribution using terms such as "production" or "sound recording" as appropriate, and not "executive producer."

803.9(D)(6) Sound Effects

The term "sound effects" should not be used to describe the authorship in a sound recording, because this term is unclear. If an applicant uses this term in the Author Created field or the Nature of Authorship space, the registration specialist may register the claim if he or she determines that the applicant is asserting a claim in music, sound recording, or music and sound recording (depending on the information given in the deposit copy(ies) or elsewhere in the registration materials). If it appears that the claimant is asserting a claim in uncopyrightable material or unclaimable material, the specialist will communicate with the applicant.

803.9(E) Claims in Hidden Tracks

Hidden tracks are tracks that appear on a compact disc or LP that are not listed as a track on the album. When submitting a claim for a track not listed on the album, the applicant should make the location of the track clear and should provide information on accessing the track, either in the Note to Copyright Office field or in a cover letter.

803.9(F) The Material Excluded / New Material Included Field and the Preexisting Material / Material Added to This Work Spaces

If the sound recording is a derivative work or a compilation of preexisting works, the use of the underlying works must be lawful and the preexisting material must be identified and excluded from the claim. When completing an online application, the applicant should provide this information in the Material Excluded field. When completing a paper application, the application should provide this information in the Preexisting Material space.

In all cases, the applicant should provide a brief description of the new material that is being submitted for registration and the applicant should use an acceptable term to describe the author's contributions to that material [e.g., sound recording, production, performance, music, lyrics, remixing, additional sounds). In the online application the applicant should provide this information in the New Material Included field. In the paper application the applicant should provide this information in the space marked Material Added to This Work. For information on how to complete these portions of the application, see Chapter 600, Section 621.8.

Chapter 800 : 58

12/22/2014 Chapter _00 : 58