In all cases, the applicant should clearly and accurately describe the contribution of each author and should only refer to material submitted in the deposit copy(ies). When completing an online application, the applicant may use one or more of the following terms to describe new sound recording authorship:
• Sound recording.
• Performance and production (individual, joint, or work made for hire).
• Production.
Terms such as "remix" or "additional sound recording," as appropriate, may be used to describe derivative sound recording authorship.
These terms also may be used when completing the Nature of Authorship space on Form SR.
For additional guidance in completing this portion of the application, see Chapter 600, Section 618.
When completing the Author Created field or the Nature of Authorship space, the applicant should avoid ambiguous or unclear terms, such as referring to the physical object in which the sound recording has been fixed [e.g., CD, mp3, tape, etc.). Additional unclear terms are discussed in Chapter 600, Section 618.8(A) and in Sections 803.9(D)(1) through 803.9(D)(5) below.
Giving an instrument name [e.g., guitar, trumpet, or keyboard) as a description of authorship is unclear because the instrument could refer either to the music, the performance, or both. To refer to the performance contribution, the applicant should use clear terms, such as "performance" after the instrument name, such as "guitar performance." To refer to the musical contribution, the applicant should use clear terms, such as music, melody, or arrangement after the instrument named [e.g., "music for cello," "bassoon melody," or "sitar arrangement"). To refer to both the musical and performance contributions, the applicant should use both terms, such as "guitar music and performance."
Similarly, the term "vocals" is ambiguous because it could refer to either lyrics, performance, or both. To refer to the vocal performance, the applicant should describe the author's contribution as "vocal performance." To refer to the lyrics, the applicant should describe the author's contribution as "lyrics." To refer to both lyrics and performance, the applicant should describe the author's contribution as "lyrics and performance."
803.9(D)
Unclear Authorship Terms
803.9(D)(1)
Instrument Names / Vocals
Chapter 800 : 56
12/22/2014
