"sounds accompanying an audiovisual work (or motion picture)," not "sound recordings."
Audiovisual works, other than motion pictures, were generally registered for the original term in class J as photographs but they are included here with motion pictures based on the current law that defines motion pictures as a type of audiovisual work. For renewal registration purposes, audiovisual works include works such as filmstrips and slide films [e.g. travelogs and educational slide shows).
2122.6(A) Publication of a Motion Picture
Determining whether renewal registration is appropriate may depend on whether a motion picture was first published before 1978. Under the Copyright Act of 1909, publication was generally deemed to have taken place when prints of a film were placed on sale, sold, or distributed to the public, or to film exchanges, film distributors, exhibitors, or broadcasters under a lease or similar arrangement. The U.S. Copyright Office generally considers syndication to be publication.
NOTE: When a motion picture is published, all component elements are published to the extent they are contained within the published motion picture. See 37 C.F.R. § 202.15 (1975).
2122.6(B) Notice Requirements
The copyright notice for a motion picture or other audiovisual work may consist of any acceptable form of the word "copyright" or the copyright symbol, along with the name of the copyright proprietor and the year date of first publication. Generally, it should be embodied in the motion picture or filmstrip, preferably in the title frames or near them, or embodied in or after the closing credits, and should be clearly visible when projected or broadcast. For more information about copyright notice requirements, see U.S. Copyright Office, Compendium of U.S. Copyright Office Practices Chs. 4, 8.2, & Supplementary Practice Nos. 18, 19, 27, 29, 35 & 37 (1st ed. 1973), available at http:/ / copyright.gov/ comp3 / chap2 1 00/ doc/appendixA-noticerequirements.pdf.
NOTE: When a motion picture was first published before 1978 with a copyright notice that lacks a year date, renewal registration may be possible under the rule of doubt.
2122.6(C) Component Element(s) of a Motion Picture
The U.S. Copyright Office considers a motion picture to be a unitary work in which the component parts are integral to the work as a whole. The Office generally will not register a separate renewal claim in a component element of a motion picture.
By regulation effective on May 12, 1975, renewal registration for a component element of a motion picture soundtrack [e.g., music, songs, screenplay, script) is possible only when:
• A separate registration for the original term was made for that element, or
• The motion picture bore a separate copyright notice for the component element.
Chapter 2100 : 58
12/22/2014
