Copyright Compendium

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1106.1 (C) The Number of Works That May Be Included in the Group

1106.1 (C) The Number of Works That May Be Included in the Group

Generally, an applicant may include up to ten unpublished works in each claim, but there is a limited exception to this rule for sound recordings. Specifically, this option may be used to register up to ten sound recordings together with the musical work, literary work, or dramatic work embodied in each recording if the following conditions have been met:

• The author/claimant(s) for the sound recording and the work embodied in each recording must be the same person or organization.

• Both works must be embodied in the same phonorecord.

• The works must be submitted for registration in Class SR.

See 37 C.F.R. §§ 202.3 (B) (2) (I) (B) (2), 202.4 (C) (2).

To be clear, an applicant may register a group of sound recordings that each contains one musical work, dramatic work, or literary work. But they may not register recordings that contain a combination of musical, dramatic, and literary works.

In all cases, the applicant must satisfy the other requirements for this group registration option. In particular, each sound recording and the works embodied in those recordings must be created by the same author or joint authors, and the author(s) must be named as the copyright claimant for all of the works. For example, an applicant may register a group of songs and sound recordings jointly written and performed by Peter and Paul, but may not register a song written by Peter and Paul together with a recording performed solely by Mary.

See Group Registration of Unpublished Works, 82 Fed. Reg. 47,415, 47,417 & n.8 (Oct. 12, 2017).