performance) or the main contribution may be performance authorship (as in a recorded performance where the only production involved is to push the "record" button].
Examples of performance authorship include playing an instrument, singing, or speaking, or creating other sounds which are captured and fixed in the sound recording. Individual performance authorship may be claimed only if the sound recording is comprised solely of an individual performance that is sufficiently creative. If a performance is part of an integrated work [e.g., a band performance), the Office will not accept a claim in an individual performer's contribution to that work.
803.3(B) Production Authorship
Examples of production authorship in a sound recording include capturing and manipulating sounds and compiling and editing those sounds to make a final recording.
803.4 Fixation of Sound Recordings
A sound recording is "fixed" in a tangible medium of expression when its embodiment in a phonorecord, "by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." 17 U.S.C. § 101 (definition of "fixed"].
To be "fixed," a live performance must be recorded by or under the authority of the author. 17 U.S.C. § 101. Thus, an unauthorized or "bootleg" audio recording of a live performance would not be registrable.
A sound recording may be submitted to the U.S. Copyright Office in an electronic format by uploading the work to the Office's electronic registration system. Electronic formats include but are not limited to digital audio files [e.g., .wav, .mp3, .wma).
A digital audio file that is uploaded to the Office's server in support of an online application is a phonorecord for registration purposes. For more information on digital deposits, see Chapter 1500, Sections 1507.2 and 1508.1.
A sound recording also may be submitted to the U.S. Copyright Office in a hard copy format, either by mail, by courier, or in person. Hard copy formats include but are not limited to:
• Compact discs
• Vinyl records
• Tape formats
803.3(A)
Performance Authorship
803.4(A)
Unauthorized Fixation
803.4(B)
Types of Phonorecords
Chapter 800 : 40
12/22/2014
