• A hip hop version of a Puccini aria.
802.6(E) Variations
Variations usually consist of a theme followed by a number of changed or transformed versions of that theme. A registration for this type of work covers the new music that the author added to the work.
802.6(F) Setting
Setting usually means the act of putting a preexisting poem or text to new music. A registration for this type of work covers the new music that the author added to the work.
A musical setting of Biblical or other preexisting text may be registered if the music represents sufficient original authorship. In the Material Excluded field the applicant should identify the preexisting text, and in the New Material Included field the applicant should check the box for "music." If there has been sufficient adaptation of the preexisting words, and if the preexisting text is in the public domain or has been used with permission, the claim also may include "some adapted lyrics."
802.6(G) Musical Works Containing Samples or Interpolation
Sampling is the incorporation of a fragment or snippet from a preexisting recorded song into a new song. Sometimes the sampled portion is looped, modified, or repeated continuously. The Office may register such works based on the original new music or lyrics that the author added to the work, but not based on the use of the sample. Moreover, use of more than a de minimis amount of recognizable sample may be questioned for lawful inclusion.
802.6(H) Revised or Additional Music / Lyrics
The addition of music or lyrics, such as a new bridge or verse, may be registered if the additions represent sufficient original authorship. Small changes, however, such as substituting "he" for "she" in each incidence in a song would not be considered sufficient authorship to support a new claim.
802.6(1) Editorial Authorship
Musical editing generally consists of adding markings for the performance of music, such as additional or altered fingering, accents, dynamics, and the like. Editing also may consist of textual notes on performance practice or historical background.
A work consisting of editorial revisions, annotations, elaborations, or other modifications which as a whole represent an original work of authorship, is a derivative work. These types of works may be registered only if the underlying authorship has been used lawfully. When asserting a claim to copyright in these types of work, the applicant should not use the term "editing," but instead should provide a specific description of the new material that the author contributed to the work.
Chapter 800 : 26
12/22/2014
