Circular 56

Circular 56:

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WHAT IS A SOUND RECORDING?

The copyright law of the United States (title 17, U.S.C.) provides for copyright protection in sound recordings. Sound recordings are defined in the law as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, or lectures.

Copyright in a sound recording protects the particular series of sounds "fixed" (embodied) in the recording against unauthorized reproduction and revision and against the unauthorized distribution of phonorecords containing those sounds.

Generally, copyright protection extends to two elements in a sound recording: (1) the contribution of the performer(s) whose performance is captured, and (2) the contribution of the person or persons responsible for capturing and processing the sounds to make the final recording.

A sound recording is not the same as a phonorecord. A phonorecord is simply the physical object in which works of authorship are embodied. Throughout this circular the word "phonorecord" includes cassette tapes, CD's, LP's, 45 r.p.m. disks, as well as other formats.

NOTE: SOUND RECORDINGS FIXED BEFORE FEBRUARY 15, 1972

Sound recordings fixed before February 15, 1972, were generally protected by common law or in some cases by statutes enacted in certain states, but were not protected by federal copyright law. In 1972 Congress amended the copyright law to provide copyright protection for sound recordings fixed and first published with the statutory copyright notice on or after February 15, 1972. The present copyright law, effective on January 1, 1978, provides federal copyright protection for unpublished and published sound recordings fixed on or after February 15, 1972. Any rights or remedies under state law for sound recordings fixed before February 15, 1972, are not annulled or limited by the Copyright Act of 1976 until February 15, 2047.

GENERAL INFORMATION ABOUT COPYRIGHT

Under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created; a work is created when it is "fixed" in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required to secure copyright under the present law.

In two specific situations, copyright registration is necessary to maintain copyright protection.

Works in which statutory copyright was secured prior to January 1, 1978, must be registered and renewed during the first 28-year term of copyright to maintain protection.

Under sections 405 and 406 of the current Copyright Act, copyright registration with respect to copies and phonorecords publicly distributed by authority of the copyright owner before the effective date of the Berne Convention Implementation Act of 1988 may be required to preserve a copyright that would otherwise be invalidated because the copyright notice was omitted from the published copies or phonorecords, or the name or year date was omitted, or certain errors were made in the year date.