802.6(C)(1) Harmonization
Harmonization is the addition of chords or musical lines to a melody. To be copyrightable, the addition of chords to a melody must constitute sufficient new and original authorship, not simply standard chords in common sequences such as C, F, G, C. The harmonization of a melody using multiple musical lines involves additional compositional creative factors, such as voicing and counterpoint.
Example:
• An applicant submits an application to register words and a musical arrangement of a preexisting melody. The work is comprised solely of the chord symbols C (major), Am (minor), Dm (minor), and G (major) along with original words. The arrangement is not registrable because this chord sequence is both standard and too short to be sufficiently creative. The accompanying words, however, if sufficiently creative, may be registered.
802.6(C)(2) Instrumentation
Musical instrumentation or orchestration is the distribution or redistribution of harmonic elements among different instruments. Instrumentation authorship may be registered as a derivative work if the author added sufficient original authorship to the preexisting work. Simply assigning entire lines from a preexisting work to new instruments would not be considered sufficient new authorship, such as a four-part choral work assigned without change to four brass instruments.
Examples of sufficient original authorship:
• An orchestration of a work originally composed for piano, such as Debussy's "Reverie."
• A marching band arrangement of Beethoven's String Quartet in G Major, Opus 18, No. 2.
• A hip hop arrangement of a famous pop ballad.
802.6(D) Adaptation
An adaptation of a musical work is a reworking of musical elements, such as melody, lyrics, rhythm, and harmony, that results in changes to the style or genre of a musical work. This category also may include the adaptation of lyrics, such as an adapted poem or adapted Biblical text.
Examples:
• A jazz version of the "Battle Hymn of the Republic."
• A reggae version of "Jingle Bells."
Chapter 800 : 25
12/22/2014
