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1509.2 (A) Musical Works

1509.2 (A) Musical Works


This Section discusses the deposit requirement for musical works. This requirement varies depending on whether the work is published or unpublished, and whether it was published in copies or phonorecords.


Phonorecords are “material objects” in which sounds have been fixed “and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” 17 U.S.C. § 101. Examples of physical phonorecords include compact discs, LPs, and cassette tapes. Examples of electronic phonorecords include digital audio files (such as .mp3 or .wav) stored on a computer, a flash drive, or other electronic device.


Copies are “material objects” (other than phonorecords) in which the work has been fixed “and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Id. Examples of physical copies include printed formats (such as sheet music, a score, or a manuscript), as well as audiovisual formats (such as the soundtrack for a motion picture). Examples of electronic copies include digital files (such as .PDF, .DOC, .avi, or .mpeg) stored on a computer, a flash drive, or other electronic device.


NOTE: In some cases it may be possible to register a group of musical works with one application and one filing fee if the works are unpublished. For information concerning the deposit requirements for this group registration option, see Chapter 1100, Section 1106.4.