400-5
405
Physical embodiment of musical works. (cont'd)
405.03
Physical embodiment: phonorecords. On January 1, 1978, phonorecords, including tapes, disks, sound sheets, soundwheels, and piano rolls, became acceptable deposits for registering claims to copyright in music recorded on them. Moreover, music embodied only in phonorecords before 1978 is now acceptable for registration in that form. If such phonorecords were available for sale or public distribution on January 1, 1978, after having been sold or publicly distributed earlier, the musical work would be considered published and the date of such publication is January 1, 1978. See section 909, Chapter 900: PUBLICATION.
406
Limitations on copyrightability. By reason of certain limitations in the copyright law, some works are not registrable though they might otherwise appear to be the subject matter of copyright.
406.01
Copyright term expired. A work whose copyright term has expired is not subject to copyright protection. Once a work has
entered the public domain, its term cannot be extended or the protection revived. See section 103, Transitional and Supplementary Provisions of the current Act.406.02
Certain musical arrangements. Musical arrangements embodied in a phonorecord and made pursuant to a compulsory license to
make and distribute phonorecords of non dramatic music are not subject to copyright protection without the express consent of the copyright owner. See 17 U.S.C. 115(a)(2).406.03
Chord charts. Chord charts ordinarily contain a significant number of public domain standard chords. To be registrable,
works embodying chord charts must qualify as a compilation or as some other original work of authorship. See section 408.02 below.[1984]
