abridgments of the recorded material such that there is sufficient authorship to constitute a derivative work.
803.6(B)(4) Sound Recordings Containing Samples
Sampling is the incorporation of a fragment or snippet from a preexisting track into a new track. The Office may register a claim based on new copyrightable sound recording that has been added to the work, but not based on the use of the sample.
803.6(B)(5) Mashups
For sound recordings, a mashup is a track formed by combining elements from two or more preexisting (often disparate] works. A simple example would be laying a vocal track from one work on top of the instrumental track from another. Usually, the preexisting materials are edited and remixed in order to create a seamless, integrated work. Copyrightable editing / remixing authorship that has been added may support a derivative authorship claim. Mashups that unlawfully employ preexisting sound recordings are not subject to copyright protection. 17 U.S.C. § 103(a).
Where it appears that no new material has been added, there may not be a basis for a claim in a derivative work. For example, in some cases, third party software may be used to generate the mashup through an automated process. This type of contribution does not constitute original, human authorship.
803.6(B)(6) Mixtapes
The term "mixtape" may refer to a compilation of preexisting tracks, often based on a particular theme, or may refer to an album containing remixes of preexisting tracks. Copyrightable remix or compilation authorship may support a derivative authorship claim. Mixtapes that unlawfully employ preexisting sound recordings are not subject to copyright protection. 17 U.S.C. § 103(a).
803.7 Compilations of Sound Recordings
803.7(A) Registrable Compilations
A compilation of sound recordings is a collection of preexisting sound recordings that are selected, coordinated, and/or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. A compilation of sound recordings may be copyrightable if there is sufficient creativity in the selection, coordination and/or arrangement of the preexisting recordings.
Examples:
• The Chimpanzees, Greatest Hits (collection of fifteen tracks from multiple albums).
• Best of 20 th Century Jazz (collection of thirty-three tracks from multiple albums).
Chapter 800 : 44
12/22/2014
