1509.2 Deposit Requirements for Works of the Performing Arts
The U.S. Copyright Office uses the term "work of the performing arts" to refer collectively to the following works of authorship:
• Musical Works, including any accompanying words.
• Sound Recordings.
• Dramatic Works, including any accompanying music.
• Choreographic works.
• Pantomimes.
• Audiovisual Works.
• Motion Pictures.
The Copyright Act does not define the term "work of the performing arts," nor does it provide definitions for the majority of the works listed above. As a general matter, a work that was created to be performed "directly before an audience or indirectly by means of a device or process" is a work of the performing arts. 37 C.F.R. § 202.3(b)(1)(h).
The deposit requirements for certain works of the performing arts are discussed in Sections 1509.2(A) through 1509.2(G). Section 1509.2(1) contains a series of charts that summarize the deposit requirements for these types of works. For detailed information on the copyrightability and registration of works of the performing arts, see Chapter 800.
1509.2(A) Musical Works
Musical works may be fixed in visually perceptible copies [e.g., sheet music), on phonorecords [e.g., an audio recording), or in a motion picture or other audiovisual work.
1509.2(A)(1) Unpublished Musical Works
To register an unpublished musical work, the applicant should submit one complete copy or phonorecord of the work that contains all the authorship claimed on the application.
1509.2(A)(2) Musical Works Published in Copies
To register a musical work first published in the United States in printed copies (or in both printed copies and phonorecords), the applicant should submit two complete copies of the best edition of the work.
As discussed in Section 1504, the criteria used to determine the best edition for a particular work are listed in the "Best Edition Statement" set forth in Appendix B to Part 202 of the Office's regulations. The Best Edition Statement is also posted on the Office's
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