(3) File Form SR if you are seeking to register the “sound recording” itself, that is,
the work that results from the fixation of a series of musical, spoken, or other sounds,
but not the underlying musical or dramatic work.
(4) File Form SR if you are the copyright claimant for both the underlying musi-
cal or dramatic work and the sound recording, and you prefer to register both on the
same form.
(5) File both forms PA and SR if the copyright claimant for the underlying work
and sound recording differ, or you prefer to have separate registration for them.
“Copies” and “Phonorecords”: To register for copyright, you are required to deposit
“copies” or “phonorecords.” These are defined as follows:
Musical compositions may be embodied (fixed) in “copies,” objects from which a
work can be read or visually perceived, directly or with the aid of a machine or device,
such as manuscripts, books, sheet music, film, and videotape. They may also be fixed
in “phonorecords,” objects embodying fixations of sounds, such as tapes and phono-
graph disks, commonly known as phonograph records. For example, a song (the work
to be registered) can be reproduced in sheet music (“copies”) or phonograph records
(“phonorecords”), or both.
How to Register a Recorded Work: If the musical or dramatic work that you are reg-
istering has been recorded (as a tape, disk, or cassette), you may choose either copyright
application Form PA (Performing Arts) or Form SR (Sound Recordings), depending on
the purpose of the registration.
Use Form PA to register the underlying musical composition or dramatic work.
Form SR has been developed specifically to register a “sound recording” as defined by
the Copyright Act—a work resulting from the “fixation of a series of sounds,” separate
and distinct from the underlying musical or dramatic work. Form SR should be used
when the copyright claim is limited to the sound recording itself. (In one instance, Form
SR may also be used to file for a copyright registration for both kinds of works—see
[
4
] below.) Therefore:
(1) File Form PA if you are seeking to register the musical or dramatic work, not
the “sound recording,” even though what you deposit for copyright purposes may be
in the form of a phonorecord.
(2) File Form PA if you are seeking to register the audio portion of an audiovisual
work, such as a motion picture soundtrack; these are considered integral parts of the
audiovisual work.
Nature of Authorship: Give a brief general statement of the nature of this par-
ticular author’s contribution to the work. Examples: “Words”; “Coauthor of
Music”; “Words and Music”; “Arrangement”; “Coauthor of Book and Lyrics”; “Dra
-
matization”; “Screen Play”; “Compilation and English Translation”; “Editorial
Revisions.”
General Instructions: Do not confuse “creation” with “publication.” Every
application for copyright registration must state “the year in which creation of the
work was completed.” Give the date and nation of first publication only if the work
has been published.
Creation: Under the statute, a work is “created” when it is fixed in a copy or pho-
norecord for the first time. Where a work has been prepared over a period of time, the
part of the work existing in fixed form on a particular date constitutes the created work
on that date. The date you give here should be the year in which the author completed
the particular version for which registration is now being sought, even if other versions
exist or if further changes or additions are planned.
Publication: The statute defines “publication” as “the distribution of copies or pho-
norecords of a work to the public by sale or other transfer of ownership, or by rental,
lease, or lending”; a work is also “published” if there has been an “offering to distribute
copies or phonorecords to a group of persons for purposes of further distribution,
public performance, or public display.” Give the full date (month, day, year) when, and
the country where, publication first occurred. If first publication took place simultane-
ously in the United States and other countries, it is sufficient to state “U.S.A.”
Name(s) and Address(es) of Copyright Claimant(s): Give the name(s) and
address(es) of the copyright claimant(s) in this work even if the claimant is the same
as the author. Copyright in a work belongs initially to the author of the work (includ-
ing, in the case of a work made for hire, the employer or other person for whom the
work was prepared). The copyright claimant is either the author of the work or a
person or organization to whom the copyright initially belonging to the author has
been transferred.
Transfer: The statute provides that, if the copyright claimant is not the author,
the application for registration must contain “a brief statement of how the claimant
obtained ownership of the copyright.” If any copyright claimant named in space 4 is
not an author named in space 2, give a brief statement explaining how the claimant(s)
obtained ownership of the copyright. Examples: “By written contract”; “Transfer of all
rights by author”; “Assignment”; “By will.” Do not attach transfer documents or other
attachments or riders.
General Instructions: The questions in space 5 are intended to show whether
an earlier registration has been made for this work and, if so, whether there is any basis
for a new registration. As a general rule, only one basic copyright registration can be
made for the same version of a particular work.
Same Version: If this version is substantially the same as the work covered by a pre-
vious registration, a second registration is not generally possible unless (1) the work has
been registered in unpublished form and a second registration is now being sought to
cover this first published edition; or (2) someone other than the author is identified as
copyright claimant in the earlier registration, and the author is now seeking registration
in his or her own name. If either of these two exceptions applies, check the appropri-
ate box and give the earlier registration number and date. Otherwise, do not submit
Form PA; instead, contact the Copyright Office for information about supplementary
registration or recordation of transfers of copyright ownership.
Changed Version: If the work has been changed and you are now seeking registra-
tion to cover the additions or revisions, check the last box in space 5, give the earlier
registration number and date, and complete both parts of space 6 in accordance with
the instructions below.
Previous Registration Number and Date: If more than one previous registration
has been made for the work, give the number and date of the latest registration.
General Instructions: Complete space 6 if this work is a “changed version,”
“compilation,” or “derivative work,” and if it incorporates one or more earlier works
that have already been published or registered for copyright or that have fallen into
the public domain. A “compilation” is defined as “a work formed by the collection
and assembling of preexisting materials or of data that are selected, coordinated, or
arranged in such a way that the resulting work as a whole constitutes an original work
of authorship.” A “derivative work” is “a work based on one or more preexisting works.”
Examples of derivative works include musical arrangements, dramatizations, trans-
lations, abridgments, condensations, motion picture versions, or “any other form in
which a work may be recast, transformed, or adapted.” Derivative works also include
works “consisting of editorial revisions, annotations, or other modifications” if these
changes, as a whole, represent an original work of authorship.
Preexisting Material (space 6a): Complete this space and space 6b for derivative
works. In this space identify the preexisting work that has been recast, transformed, or
adapted. For example, the preexisting material might be: “French version of Hugo’s ‘Le
Roi s’amuse’.” Do not complete this space for compilations.
Material Added to This Work (space 6b): Give a brief general statement of the addi-
tional new material covered by the copyright claim for which registration is sought. In
the case of a derivative work, identify this new material. Examples: “Arrangement for
piano and orchestra”; “Dramatization for television”; “New film version”; “Revisions
throughout; Act III completely new.” If the work is a compilation, give a brief general
statement describing both the material that has been compiled and the compilation
itself. Example: “Compilation of 19th Century Military Songs.”
Deposit Account: If you maintain a deposit account in the Copyright Office, identify
it in space 7a. Otherwise, leave the space blank and send the fee with your application
and deposit.
Correspondence (space 7b): Give the name, address, area code, telephone number,
fax number, and email address of the person to be consulted if correspondence about
this application becomes necessary.
Certification (space 8): The application cannot be accepted unless it bears the date
and the signature of the author or other copyright claimant, the owner of exclusive
right(s), or the duly authorized agent of the author, claimant, or owner of exclusive
right(s).
Address for Return of Certificate (space 9): The address box must be completed
legibly since the certificate will be returned in a window envelope.
SPACE 3: Creation and Publication
3
SPACE 4: Claimant(s)
4
SPACE 5: Previous Registration
5
SPACE 6: Derivative Work or Compilation
6
SPACE 7,8,9: Fee, Correspondence,
Certication, Return Address
7,8,9
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