melody, rhythm, harmony, and lyrics, if any. These terms are defined in Sections 802.3(A) through 802.3(D).
802.3(A) Melody
Melody is a linear succession of pitches.
802.3(B) Rhythm
Rhythm is the linear succession of durational sounds and silences.
802.3(C) Harmony
Harmony is the vertical and horizontal combination of pitches resulting in chords and chord progressions.
802.3(D) Song Lyrics
Lyrics are a set of words, sometimes grouped into verses and/or choruses, that are intended to be accompanied by music. Lyrics may consist of conventional words or non- syntactical words or syllables, and may be spoken or sung.
802.4 Fixation of Musical Works
To be copyrightable, musical works must be fixed in a tangible medium of expression. 17 U.S.C. § 102(a). Musical works may be embodied either in copies or phonorecords, as explained in Sections 802.4(A) through 802.4(C). 17 U.S.C. § 101 (definition of "fixed").
Improvised works are not registrable unless they are fixed in tangible form, such as in a transcribed copy, a phonorecord, or an audiovisual recording. A registration for an improvised musical work will extend only to the material that has been submitted to the Office.
802.4(A) Copies
Musical works fixed in copies include their embodiment in both hard copy and electronic formats. Standard musical notation, using the five-line, four-space staff, is the form of notation often employed to embody musical works. Precision equal to that offered by standard notation is not required for registration, although the deposit should constitute as precise a representation of the work as possible. A graphic representation or textual description of pitch, rhythm, or both may suffice as long as the notation is sufficiently precise.
Copies of musical works include the following:
• Hard copy formats, including but not limited to sheet music and lead sheets.
Chapter 800 : 21
12/22/2014
