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2207.4 Sound Recordings

 

2207.4 Sound Recordings

 

As explained in Section 2202.2, notice is optional for works published on or after March 1, 1989. Prior to that date, a notice was required when a U.S. sound recording was publicly distributed on phonorecords, such as an album or cassette.

 

When a notice is included on a phonorecord that contains a sound recording, the notice is considered acceptable if it appears anywhere on the surface of the phonorecord or the phonorecord label or container. 17 U.S.C. § 402 (C). A container includes the jacket housing a disc, or the box or jewel case housing a cassette or compact disc, but does not include an outer mailing or packaging box, envelope, or other wrapper intended for disposal once the phonorecord is put into use.

 

If the label(s) or container(s) for the phonorecord identify the producer of the sound recording and “if no other name appears in conjunction with the notice, the producer’s name shall be considered as part of the notice.” 17 U.S.C. § 402 (B) (3).

 

Example:

 

• An application names Doe Recording Co. as author of the sound recording published in 1981. The work made for hire box is checked “yes.” The following notice appears on the left side of the label on a 45 rpm disk: “‚Ñó– 1981.”

 

• The following statement appears on the right side of the label: “Doe Recording Company, Produced and arranged by Jay Jones.”

 

• The following statement appears along the bottom of the label: “Mfg. by Doe Recording Co.”