performing group should be named as the author and the work made for hire question should be answered "yes."
Example:
• The performing group Tangent Image consists of three individuals: Richard Washington, Gary Watts, and Joel Wilson. All three are authors and owners of the song being registered. The application should name the three individuals as authors and claimants. If desired, the applicant may indicate that the individuals are known as Tangent Image by providing that information in the Note to Copyright Office field (online application] or in space 2 (paper application].
802.8(E) Work Made for Hire Authorship
A musical work may be considered a work made for hire if the musical work was (i] prepared by an employee within the scope of his or her employment, or (ii] was specially ordered for a certain use with an express written agreement signed by both parties that the work is a work made for hire.
If the application states that a musical work was a work made for hire, the registration specialist may communicate with the applicant to determine whether the musical work truly falls within the statutory definition. Since musical works are not one of the categories listed under part two of the work made for hire definition, a musical work must fall under part one of the definition or a valid category under part two of the definition to be considered a work made for hire.
Examples:
• The applicant names Joe Smith as author of lyrics and music, answers "yes" to the "work made for hire" question, and states that Joe wrote the lyrics and paid a friend to write the music. The registration specialist will communicate with the applicant and provide information on works made for hire, because it appears unlikely (i] that Joe's friend was employed by Joe and created the music within the scope of his employment, (ii] that the music was specially commissioned in a signed, written agreement, or (iii] that the music falls within one of the nine categories that may be specially ordered or commissioned as a work made for hire.
• The applicant identifies TV Production Music, LLC as the author of music and states that the work is made for hire. The CD deposited contains 45 tracks consisting of short, copyrightable musical selections that are intended to be licensed as television cues. The application will be accepted for registration because it appears that the musical works were created as works made for hire under the first part of the definition and that the company employs people to compose television production music.
Chapter 800 : 31
12/22/2014
