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Compendium of U.S. Copyright Office Practices, Third Edition

• Text

• Musical Arrangement

Other acceptable terms may be provided in the Author Created/Other field, such as "melody" (for a single line] or "song" (for lyrics and music).

These terms also may be used when completing the Nature of Authorship space on Form PA.

For additional guidance in completing this portion of the application, see Chapter 600, Section 618.

802.9(E) Unclear Authorship Terms

When completing the Author Created field or the Nature of Authorship space, the applicant should avoid ambiguous or unclear terms, such as referring to the physical object in which the musical work has been fixed [e.g., CD, mp3, tape, etc.). Additional unclear terms are discussed in Sections 802.9(E)(1) through 802.9(E)(6) below and in Chapter 600, Section 618.8(A).

802.9(E)(1) Instrument Names / Vocals

Giving an instrument name [e.g., guitar, trumpet, or keyboard) as a description of authorship is unclear, because the instrument could refer either to the music, the performance, or both. To refer to the musical contribution, the applicant should use clear terms, such as music, melody, or arrangement after the instrument named [e.g., "music for guitar," "trumpet melody," or "keyboard arrangement").

Similarly, the term "vocals" is unclear, because it could refer to either lyrics or performance. To refer to the lyrics, the applicant should state "lyrics." To refer to the melody to which the lyrics are sung, the applicant should state "melody."

For guidance in asserting a claim in the performance contribution, see Sections 803.9(C) and 803.9(D)(1).

802.9(E)(2) Production / Produced

Using the term "production" to describe musical authorship is unclear, because it could refer either to the musical authorship, the sound recording authorship, or both. To refer to the musical work, the applicant should use the terms "music" and/or "musical arrangement."

802.9(E)(3) Rap

When an applicant describes the author's contributions to a work as "rap," that term generally is interpreted to mean that the author(s) contributed lyrics, unless information in the registration materials suggests that the applicant intended to register a claim in sound recording authorship. To clearly describe the musical authorship in a rap, the applicant should use terms such as "lyrics" and/or "music."

Chapter 800 : 36

12/22/2014


Chapter _00 : 36
12/22/2014