For guidance in registering rap authorship as a sound recording, see Section 803.9(D)(3).
802.9(E)(4) Beats
A beat is an instrumental or drum track often created in a studio as a background for a song or rap. When this term is used it may be unclear whether the applicant is referring to the music or the sound recording, or both, or whether the beat is based in whole or in part on preexisting music, or is completely original. When the beat was created entirely by the author, the applicant should describe the authorship as "music" or "musical beat." Where a preexisting beat is used, the applicant generally should exclude this material from the claim.
NOTE: Some companies offer so-called "royalty-free" beats for download or purchase. Often, the beat is sold to a large number of people and there is no written agreement between the purchaser and the company offering the beats. Thus, even if the company states that the purchaser is the copyright owner of the beat, the purchaser may be merely a nonexclusive licensee of the work rather than an owner. As such, the applicants should exclude the beat from the claim.
802.9(E)(5) Loops
A loop is a short musical section that is repeated continuously as a part of a song. The repeated musical section of a loop may be preexisting or original. By itself, a loop may not represent sufficient authorship to support a claim in music. If the loop is original and sufficiently creative, the applicant may describe this authorship as "music" or "musical loop."
802.9(E)(6) Transcription
The term "transcription" is unclear, because it could refer to the act of notating or writing down music that someone else created. In this situation, the transcriber's contribution is not registrable.
Transcription may also refer to arranging a work for a different group of instruments. To describe this type of contribution, the applicant should use the terms "musical arrangement" or "orchestration."
802.9(E)(7) Sound Effects
The term "sound effects" should not be used to describe the authorship in a musical work, because this term is unclear. If an applicant uses this term in the Author Created field or the Nature of Authorship space, the registration specialist may register the claim if he or she determines that the applicant is asserting a claim in music, sound recording, or music and sound recording (depending on the information given in the deposit copy(ies) or elsewhere in the registration materials). If it appears that the claimant is asserting a claim in uncopyrightable material or unclaimable material, the specialist will communicate with the applicant.
Chapter 800 : 37
12/22/2014
