803.8(H) Unit of Publication
An applicant may be able to register multiple sound recordings and/or musical works with one application and one filing fee if the works are owned by the same claimant, if they were physically bundled together by the claimant for distribution to the public as a single, integrated unit, and if they were first published in that integrated unit. An applicant also may be able to register the copyrightable text, artwork, and photographs that appear in the liner notes for the unit. This is known as the unit of publication option. An applicant may use this option if the following conditions have been met:
• All of the copyrightable elements must be recognizable as self-contained works.
• All of the works claimed in the application must be first published as a single unit on the same date.
• The copyright claimant for all the works claimed in the unit must be the same.
37 C.F.R. § 2 0 2. 3(b) (4) (i] (A). For a definition of a unit of publication and a detailed discussion of this option, see Chapter 1100, Section 1107.
Works that do not satisfy these requirements cannot be registered with the unit of publication option, and the registration specialist will communicate with the applicant if it appears that these conditions have not been met. For example, an applicant may register a compilation of tracks together with cover art and liner notes if they were first published online as a package of files for digital download, but if they were first published individually, a separate application for each work will be required. Likewise, separate applications will be required if the tracks, cover art, and liner notes are owned by different parties or if one or more of the works were first published on a different date or in a different unit of publication.
NOTE: Names and titles are not protected by copyright, so if the liner notes merely consist of individual song titles and names of authors, the applicant should not assert a claim in "text of liner notes" in the application. See 37 C.F.R. § 202.1.
An applicant may use this option to register the component works within a unit of publication if the claimant is the author of those works or acquired the copyright in those works through a transfer of ownership, provided that the claimant is the owner of such component works and manufactured, produced, published, packaged, or otherwise created the single, integrated unit. In other words, the unit of publication option may be used only if the claimant packaged the unit as a whole. Moreover, the unit cannot be created merely for the purpose of registration; instead the works must have been first distributed to the public in the packaged unit.
Examples: Multiple works registered with the unit of publication option
• Dan and Erica create four songs and produce a recording of each work. Dan wrote the lyrics for each song and sang the vocals on the recording; Erica wrote the music and played guitar on the recording. They transfer copyright ownership of the songs and the sound recordings to their publishing company, Dan & Erica Music,
Chapter 800 : 52
12/22/2014
