Page:Compendium of US Copyright Office Practices (1973).pdf/46

2.6.4

New versions of musical compositions.

I.

In general. In order for registration of a new version of an existing musical composition to be valid, the composition employed must be in the public domain or, if copyrighted or protected under common law, must be

used with the owner's permission.

a.

Frequently the claimant of copyright in the new version is also the owner of copyright in the composition employed in the new version, in which case no question of permission arises.

b.

In all cases the Copyright Office will assume that use of the existing material is authorized unless there are fairly clear indications that permission has not been obtained (e.g., where the claimant tells us so.) In the latter case, the Office will not refuse registration for the new version, but will suggest the advisability of securing permission before registering a copyright claim or publishing the work.

II.

Adaptations or arrangements. An adaptation or arrangement of existing music, involving original composition, con­stitutes a registrable new musical work.

Examples:

a.

An adaptation of an organ work for orchestra

b.

A new piano accompaniment for an old English vocal air

c.

An arrangement for dance orchestra of the songs from "The Boy Friend"

III.

Revisions or additions.

a.

The substantial revision of the score of existing music, or the addition to an old score of a substantial amount of new music, creates a registrable new version.

Examples:

1.

The rewriting of a substantial portion

of the music of a previously copyrighted composition

[1973]