803.6 (B) Copyrightable Authorship in Derivative Sound Recordings
To be registrable, a derivative sound recording must contain a sufficient amount of new, creative sound recording authorship. Where the changes made to the preexisting sound recording are the result of a purely mechanical process rather than creative human authorship, or where only a few slight variations or minor additions have been made, registration will be refused. See Section 803.5 (B) and 803.5 (C).
Although sound-alike recordings do not infringe preexisting sound recordings, a sound- alike recording is not copyrightable unless it contains new, original and sufficiently creative authorship to support a new registration. 17 U.S.C. § 114 (B). A virtually identical sound-alike recording will be refused registration.
Common types of derivative sound recordings and the registration issues associated with such works are discussed in Sections 803.6 (B) (1) through 803.6 (B) (6).