Sound Recordings & Copyright Law
Most people who have a number of published, written works have been introduced to the concept of copyright protection at some point in the publishing process. This provides legal protection to the created material. Copyright also protects sound recording as well as written work and music. However, the process for gaining legal protection differs slightly from the other two categories.
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Official Distinction
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The U.S. Copyright Office retains responsibility for approving, tracking and verifying copyrights filed with it. The office also officially makes the distinction that sound recordings are a different protection category from music or written work. As a result, the office has a slightly different application process and criteria that must be met for approval.
Copyright in General
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The current copyright protections afforded to U.S. citizens started in 1976 with the enactment of the Copyright Act. However, the official implementation of these laws were delayed until 1978. Under the current law, created works automatically obtain protection. However, an official copyright approval helps tremendously when proving ownership legally. This encompassing protection covers both written copy and phonorecords.
In terms of criteria, Title 17 of the U.S. Code details the hurdles that must be met by an applicant for sound recordings. They must be works of sound that can be music, spoken word or other noise except for scores used in movies or audiovisual production. Typical examples of this criteria would be speeches, non-word music, plays, etc. If the criteria is met, then the legal protection covers the performer's playing of the sound recording and the work of those who create the actual recording itself, including the processing.
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Sound Recording Defined Under Law
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Unlike a copyright which is symbolized by ©, an approved sound recording is symbolized by a ---. This notifies everyone that the sound recording is a protected phonogram. Further protections were expanded to sound recordings created under digital format in 1996 under the Digital Performance Right in Sound Recordings Act of 1995. Given the old recording format of records and magnetic tapes, the 1976 laws were not going to be specific enough for the new world of computers at the time.
Caveat
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It is important to note that obtaining a copyright on a sound recording fails to cover the creative process involved with a sound recording. For instance, the sound recording copyright won't protect the script for spoken word recording or for a theatrical play. The foundational work that the sound recording is based on must be protected with its own copyright approval. Again, there is automatic protection for created works as noted earlier, but an official record is much easier to litigate if needed.
Required Notice Form
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Full legal notification of a sound recording copyright must be provided to ensure protection. This includes visibly displaying the P symbol, the year of creation, and the official owner's name.
Considerations
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Some might wonder why bother with copyrighting at all. The fact is, without it anybody can steal the created work, and claim it as their own. This becomes particularly troublesome when the work generates revenue because people want to buy duplicates of the recording for their own use or enjoyment. Failure to ensure copyright protection means not only the earnings get lost, but the legal ownership of the work itself could be stolen as well.
How to Apply
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The U.S. Copyright Office provides no-cost applications and forms to obtain copyright approval. Sound recordings require the SR Form specifically for approval, unlike other copyright materials. These can be obtained by contacting the Office at its federal website cited in Resources. A written request can be also be sent.
U.S. Copyright Office
101 Independence Ave. SE
Washington, DC 20559
202-707-9100
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