Copyright Office

Library of Congress

Washington, DC 20559

January, 1991

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SOUND RECORDINGS. Reproductions of sound recordings usually contain two different types of creative works: the underlying musical, dramatic, or literary work that is being being performed or read, and the fixation of the actual sounds embodying the performance or reading. For protection of the underlying musical or literary work embodied in a recording, it is not necessary that a copyright notice covering this material appear on the phonograph records or tapes in which the recording is reproduced. As noted above, a special notice is required for protection of the recording of a series of musical, spoken, or other sounds which were fixed on or after February 15, 1972. Sound recordings fixed before February 15, 1972, are not eligible for Federal copyright protection. The Sound Recording Act of 1971, the present copyright law, and the Berne Convention Implementation Act of 1988 cannot be applied or be construed to provide any retroactive protection for sound recordings fixed before that date. Such works, however, may be protected by various state laws or doctrines of common law.

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