808.10 (G) (2) Sounds Contained in Two Different Formats
As a general rule, the exact same recorded sounds cannot be registered as both a sound recording and as sounds accompanying a motion picture.
When the same sounds are published in different formats, such as a CD and a DVD, the applicant should decide whether to register the sounds as a sound recording or as a motion picture. This determination may be based a number of factors, such as whether the copy or the phonorecord was registered or published before the motion picture.
These issues are discussed in Sections 808.10 (G) (2) (A) through 808.10 (G) (2) (D).