808.2(B) Sounds Accompanying Motion Pictures Distinguished from Sound Recordings
There is a legal distinction between the "soundtrack of a motion picture" and a "sound recording." The statutory definition of a sound recording specifically states that this category does not include "sounds accompanying a motion picture or other audiovisual work." 17 U.S.C. § 101. Thus, when registering a claim in a motion picture soundtrack, the applicant should state "sounds," "soundtrack," or "sounds accompanying a motion picture" in the application, rather than "sound recording."
For more information concerning this issue, see Sections 808.4Q), 808.10(G)(3), and 808.10(H).
808.2(C) Motion Pictures Distinguished from Underlying Works
Sometimes an applicant submits a copy of a motion picture in order to register the "underlying work" that is recorded in the motion picture, such as the script, a musical work, choreography, pantomime, or artwork. In such cases, the motion picture is simply the medium used to "fix" the underlying work. The copyright owner of the underlying work may or may not be the copyright owner of the motion picture.
If the copyright owner of the motion picture owns the rights in the underlying work, and the entire motion picture is being registered for the first time, the applicant should register all copyright claims in the motion picture and the underlying work(s) with one application.
If the copyright owner of an underlying work is not the same as the copyright owner of the motion picture, then the claim in the underlying work should be registered with a separate application.
The underlying work also should be excluded from an application to register a motion picture if the underlying work was registered prior to the completion of the motion picture or was published in advance of the motion picture.
808.3 Elements of Motion Pictures
808.3(A) Impression of Motion Required
Motion pictures are audiovisual works that contain a series of images which are shown in a certain successive order in such a way that imparts the impression of motion. Such an impression of motion may be accomplished by action that is captured by the camera, such as the performance of one or more actors, or the movement of fire in a fireplace, by animation, or by incorporating certain cinematic techniques, such as panning (the movement of the camera from one set point to another in a horizontal plane) or zooming (a camera shot in which the magnification of the objects by the camera lens is increased or decreased).
Chapter 800 : 104
12/22/2014
