the copyright in the motion picture and the sounds are owned by the same claimant. The applicant may submit a separate application for the soundtrack album, provided that the album contains sounds or other copyrightable authorship that did not appear in the motion picture. In this situation, the sounds that appeared in the motion picture should be excluded from the claim. If the soundtrack album merely reprocessed sounds from the motion picture without change there would be no basis for registering the soundtrack album.
803.8(F)(2) Combination CD / DVD
It is not possible to register the same series of sounds as a sound recording and as the sounds accompanying a motion picture. When the same sounds are published together as a sound recording and as the sounds accompanying a motion picture (such as a CD and DVD of a live concert published together on the same date), the applicant should assert a claim in the "motion picture" (which by definition includes the sounds in the motion picture soundtrack), but should not assert a claim in "sound recording."
803.8(F)(3) Album Containing a Previously Published Track
Where a single track is published as a single and then is subsequently published on an album, the single must be registered separately from the album because the dates of first publication differ. When completing the application for the single track the applicant should give the earlier date of publication. When completing the application for the remaining tracks on the album the applicant should give the later date of publication and should exclude the previously published track from the claim.
803.8(F)(4) Bonus Track Added to a Previously Published Album
Where a previously published album is rereleased with one or more bonus tracks, the album and the bonus tracks must be registered separately because the dates of first publication for each track are different. To register the previously published album the applicant should submit the album in the form it was first published and should provide the date of first publication for that work. To register the bonus tracks the applicant should submit the rereleased album in the form it was first published, provide the date of first publication for that album, and exclude the previously published album from the claim.
803.8(G) Unpublished Collections
This Section discusses the option for registering a number of sound recordings and/or a number of musical works as an unpublished collection. For a general discussion of unpublished collections, see Chapter 1100, Section 1106.
An unpublished collection of sound recordings and/or musical works may be registered together with one application and one filing fee under the following conditions:
• All the works must be unpublished;
• The works must be assembled in an orderly form;
Chapter 800 : 49
12/22/2014
