Ch. 13
13.2.3
13.2.3
13-8
13.2.3
Works listed should be musical compositions.(cont'd)
II
A notice of use will not be questioned where it seems clear that the works listed are musical compositions, even though registration for them, or for larger works containing them, has been made in a class other than Class E.
Examples:
(1)
Title on notice: "The Miraculous Minotaur, a dramatic cantata by Bela Earayk (Du-12345, January 13, 1949)".
(2)
Title on notice: "Sing, You Sibling!" words and music by Ziggy Miltown from "Songs are Better than Tranquilizers" by Dr. Josiah Rank (A-12345, January,13, 1949).
(3)
Title on notice: "Main title and score of Blood of the Son of Dracula (Lp-12345, January 13, 1949)."
13.2.4
Works listed should be recorded or licensed for recording.
I.
The Copyright Office ordinarily will not inquire as to whether or not a work has been recorded or licensed for recording at the time a notice of use covering it is filed. However, if it is clear from the correspondence or other circumstances that there has been no recording or license, or that the notice of use has been filed under a misconception, the notice should be questioned.
II.
For a notice of use to be appropriate, it is necessary that the composition be used, or licensed for use, "for the manufacture of parts of instruments serving to reproduce mechanically the musical work."
a.
Since the law makes no distinction between test or audition records and commercial records, the Copyright Office will not question a notice even when it is clear that only audition records have been made.
b.
For a notice of use to be appropriate, the recording need not necessarily have been reproduced on disks;
