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, Third Edition 807.2(B)

807.2(C)

807.2(D)

807.3 807.3(A)

807.3(B)

Sounds Accompanying Audiovisual Works Distinguished from Sound Recordings

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

For further information concerning sound recordings, see Section 803. Audiovisual Works Distinguished from Visual Art Works

Audiovisual works often include visual art works, namely pictorial and graphic images. Audiovisual works are distinguished from visual art works in that the images in an audiovisual work (i) must be in a series, (if) must be related, and (iii) must be intended to be shown by the use of a machine or device. Visual art works have no such requirements. See 17 U.S.C. § 101 (definition of "audiovisual works").

For information regarding the copyrightability and registrability of pictorial and graphic works, see Chapter 900.

Audiovisual Works Distinguished from Literary Works

Audiovisual works may include text and a screen display comprised solely of text may constitute an "image" within an audiovisual work. The statutory definition of a literary work specifically states that this category does not include audiovisual works. See 17 U.S.C. § 101 (defining "literary works" as "works, other than audiovisual works"). Thus, continuous text, such as the text of a book, magazine, journal, or other literary work appearing on the screen of a device such as a tablet or karaoke machine would not be considered an audiovisual work.

For information regarding the copyrightability and registrability of literary works see Chapter 700.

Elements of Audiovisual Works

Visual Authorship

Any kind of visually perceptible images, such as photographs, artwork, and text, or a combination thereof, may satisfy the requirement that an audiovisual work contain visually perceptible material. The series of related images may appear on succeeding screens (such as a slide presentation) or as images in motion (such as a videogame).

Series of Related Images

A key element of authorship in an audiovisual work is that the images must have some connection to one another and must be displayed as a series. See, e.g., Midway Manufacturing Co. v. Artie International, Inc., 704 F.2d 1009, 1011 (7 th Cir. 1983)

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