Ch. 13
13.2.1
13.2.1
13-6
Part 13.2 APPROPRIATENESS OF A NOTICE OF USE
13.2.1
In General. Generally, the following four circumstances should all exist in order for the recordation of a notice of use to be appropriate:
I.
All works listed in the notice should be copyrighted.
II.
All works listed in the notice should be musical compositions.
III.
All works listed in the notice should either have been recorded or licensed for recording by the copyright owner.
IV.
The notice should be filed under the authority and in the name of the present owner of copyright in all compositions it lists.
13.2.2
Works listed should be copyrighted.
I.
As a rule, where it is apparent that the works listed on a notice of use have not yet been copyrighted, or are now in the public domain, the desirability of recording the notice will be questioned.
Examples:
(1)
Title listed as: "Rock, Caterpillar, Rock (no copyright filed as yet)."
(2)
Title listed as: "Beethoven's Symphony No. 7."
II.
Where a notice of use is accompanied by an application for registration covering the same composition as that listed on the notice, no question will be raised concerning the fact that the composition has not yet been copyrighted.
a.
This is true even where the title given on the notice is followed by a statement such as "copyright pending" or "submitted herewith."
b.
Where an application and notice of use covering the same unpublished composition are filed concurrently,
