2207.1(E) or if the notice appears on the first page of the music. 37 C.F.R. § 201.20(d)(l)-(10).
2207.3(B) Musical Works Embodied in Phonorecords
Musical works embodied in phonorecords are not considered visually perceptible copies and as such do not require a notice if the phonorecord was first published prior to January 1, 1978. U.S. works published between January 1, 1978 and February 28, 1989 require a notice, although works published on or after March 1, 1989 do not.
2207.4 Sound Recordings
In the case of a sound recording, a notice should be placed on the surface of the phonorecord or on the phonorecord label or container. A notice placed anywhere on the surface of the phonorecord, the label, or a container is acceptable. 17 U.S.C. § 402(c]. A container includes the jacket housing a disc, or the box or jewel case housing a cassette or compact disc, but does not include an outer mailing or packaging box, envelope, or other wrapper intended for disposal once the phonorecord is put into use.
If the label(s) or containers] for the phonorecord identify the producer of the sound recording and "if no other name appears in conjunction with the notice, the producer's name shall be considered as part of the notice." 17 U.S.C. § 402(b)(3).
Example:
• An application names Doe Recording Co. as author of the sound recording published in 1981. The work made for hire box is checked "yes." The following notice appears on the left side of the label on a 45 rpm disk: "® 1981."
• The following statement appears on the right side of the label: "Doe Recording Company, Produced and arranged by Jay Jones."
• The following statement appears along the bottom of the label: "Mfg. by Doe Recording Co."
2207.5 Dramatic Works
2207.5(A) Dramatic Works Embodied in Copies
In the case of a dramatic work published in visually perceptible copies, a notice is acceptable if it appears in any of the locations described in Sections 2207.1(A) or 2207.1(E) or if the notice appears on the first page of the work.
2207.5(B) Dramatic Works Embodied in Phonorecords
Dramatic works embodied in phonorecords are not considered visually perceptible copies and as such do not require a notice if the phonorecord was first published before
Chapter 2200 : 21
12/22/2014
