Page:Compendium of US Copyright Office Practices (1973).pdf/327

13.1.2

Copyright Office policy. (cont'd)

I.

(cont'd)

b.

(cont'd)

Examples of common misconceptions concerning notices of use:(cont'd)

(2)

That filing a notice of use secures copyright protection for the perform­ance recorded, or for the recording as such.

(3)

That filing a notice of use secures pro­tection for the title or idea for a song or a recording.

(4)

That filing a notice of use is required for non-musical material (stories, poems, lectures, etc.) reproduced on sound re­cordings.

(5)

That filing a notice of use offers protec­tion for a phonograph label, or for the name or trademark of a recording company.

II.

Ordinarily the Copyright Office makes no effort to search its records to determine whether the musical compositions listed on a notice of use have been registered for copy­right, or whether the titles are correctly stated. How­ever, where it appears that the notice of use may have been filed under a misconception, a limited search may be undertaken in order to spot-check the information given on the notice.

III.

There are no circumstances in which the Copyright Office will require the recordation of a notice of use. Where appropriate, however, the Office may point out the "compulsory license" provisions of the law and suggest the desirability of recording a notice of use.

IV.

Where it is not altogether clear whether the filing of a notice of use is appropriate in a particular case, the Copyright Office will not discourage recordation. The Office will point out the statutory provisions to the person filing the notice, and will proceed with recorda­tion if requested.