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I'm about to put out a self produced novelty CD for sale on the
internet. I talked to the copyright office but am not 100% sure the 2
people I talked to really grasped what I'm doing and hope someone here
might have gone through the process or at least is familiar with this
area.
I'm the sole author and creator of all elements of this CD - music,
lyrics, recordings and illustrations.
1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
2) Is there any problem putting in my registration after I've begun
offering this to sale to the public? I.e. if I put this out for sale
before the copyright office actually receives my application, does it
in any way compromise my right to register it with the Copyright
office? The rep at the copyright office didn't seem to think so.
3) I was told that a logo is not copyrightable, not even the image of
it, that it can only be registered through the Patent and Trademark
office. I have a company logo that will be appearing in public for the
first time on this CD and also the title of the CD itself - something
on the same order as for example "America's Funniest Home Movies"
(though this is an audio CD). I plan to include a "TM" in the logo and
next to the title on the cover of the CD and as such will be part of
the package sent to the copyright office. Should this present any
problem with copyrighting those elements of the CD which are
copyrightable? I.e. the illustrations, the lyrics, music and
recording.
Further, if this thing actually starts to sell enough to make it worth
my while, I plan to go through the process of registering the
trademarks. Will having already put it out for public consumption
compromise my rights to register the trademark at a later date?
Thanks for any input.
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I'm the sole author and creator of all elements of this CD - music,
lyrics, recordings and illustrations.
I will take that as a given for the purposes of the following discussion
of US law. This is not legal advice, and no attorney-client relationship
is created.
1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
No. As a start, you don't "copyright" something with a form. "Copyright"
is something you have, not something you do. You have a copyright as
soon as the various elements of the work were created ("Fixed"). You may
register the copyright, but in this case, not with a form SR. See the
copyright office's circular on "multimedia works":
http://www.copyright.gov/circs/circ55.html
1. Use Form PA if the work contains an audiovisual element, such as a
filmstrip, slides, film, or videotape, regardless of whether there are
any sounds.
2. Use Form SR if the work does not contain an audiovisual element, but
contains an audiotape or disk in which sound-recording authorship is
claimed.
3. Use Form TX if the work contains only text, such as a manual and a
computer program that produces a textual screen display. (See Circular
61 for further information.)
Thus, you need form PA, not form SR.
2) Is there any problem putting in my registration after I've begun
offering this to sale to the public? I.e. if I put this out for sale
before the copyright office actually receives my application, does it
in any way compromise my right to register it with the Copyright
office? The rep at the copyright office didn't seem to think so.
It would have, at one time. That is not true any more. You should try to
register as soon as possible after you publish for various reasons, but
you don't lose your copyright simply by publishing before registration.
3) I was told that a logo is not copyrightable, not even the image of
it, that it can only be registered through the Patent and Trademark
office.
That is correct, in general terms, but there are exceptions. Most logos
are just simple designs which do not have the requisite (if low) level
of creativity to be accorded copyright protection.
If the trademark is something which rises to the level of a work of art,
independent of its trademark function, then it can be protected by
copyright. A particular drawing of Mickey Mouse, for example, is clearly
protected by copyright, but also serves as a copyright for Disney's
products and services.
I have a company logo that will be appearing in public for the
first time on this CD and also the title of the CD itself - something
on the same order as for example "America's Funniest Home Movies"
(though this is an audio CD). I plan to include a "TM" in the logo and
next to the title on the cover of the CD and as such will be part of
the package sent to the copyright office. Should this present any
problem with copyrighting those elements of the CD which are
copyrightable? I.e. the illustrations, the lyrics, music and
recording.
No.
Further, if this thing actually starts to sell enough to make it worth
my while, I plan to go through the process of registering the
trademarks. Will having already put it out for public consumption
compromise my rights to register the trademark at a later date?
Quite the opposite. Not only does your sale not destroy trademark
rights, it creates them. You cannot register a trademark in the US until
it has been used in commerce (although you can file the application to
register it, so long as you have a bona-fide intention to use the mark
in commerce).
For more information on these topics, see our website:
copyrights: http://www.bpmlegal.com/copyrt.html
trademarks: http://www.bpmlegal.com/tm.html
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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Mike Brown wrote:
(snipped for clarity)
If the trademark is something which rises to the level of a work of art,
independent of its trademark function, then it can be protected by
copyright. A particular drawing of Mickey Mouse, for example, is clearly
protected by copyright, but also serves as a copyright for Disney's
products and services.
did you mean ?
"but also serves as a Logo for Disney's products and services.
"(snipped for clarity)
--
Jack
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If the trademark is something which rises to the level of a work of art,
independent of its trademark function, then it can be protected by
copyright. A particular drawing of Mickey Mouse, for example, is clearly
protected by copyright, but also serves as a copyright for Disney's
products and services.
did you mean ?
"but also serves as a Logo for Disney's products and services."
Actually, I meant "but also serves as a TRADEMARK for Disney's products
and services".
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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Mike Brown wrote:
If the trademark is something which rises to the level of a work of art,
independent of its trademark function, then it can be protected by
copyright. A particular drawing of Mickey Mouse, for example, is clearly
protected by copyright, but also serves as a copyright for Disney's
products and services.
Actually, I meant "but also serves as a TRADEMARK for Disney's products
and services".
exactly
not "copyright" but "LOGO" i.e. "trademark"
LOGO DEFINITION
from:
http://www.hyperdictionary.com/dictionary/logo
Definition: [n] a company emblem or device
from:
http://www.learnthat.com/define/view.asp?id=131
Logo Definition
LOGO is a unique symbol or design that represents
a company. Also called, a trademark.
from:
http://webclipart.about.com/cs/msubwelcaa/g/logo.htm
logo
Glossary
Definition: A logo is a title or name of a Web
site,
normally a commercial or a business Web site. A
logo may
be a name or title and a symbol and, in many
cases, the
logos or names are copyrighted.
Mickey Mouse Logo
from:
http://www.uspto.gov/web/offices/com/speeches/02-42.htm
" Disney's invention enabled him to move from the standard animated
short films he made famous, such as "Steamboat
Willie" featuring Mickey Mouse (trademark registration #0247156) in
1928, to the feature-length animation seen in
"Snow White and the Seven Dwarfs," released in 1937 and his first
film to use the multi-plane camera.
......
The Disney patent and the trademark registration for Mickey Mouse,
"from:
http://www.firstgov.gov/fgsearch/resultstrack.jsp?sid=97602492&url=http://tarr.uspto.gov/
"USPTO logo - eagle landing on shining lightbulb with 4 stars below
United States Patent..
"Logo design
from:
http://www.tlf-logo-design.com/category_logos/legal_logos.html
Logo registration
from:
http://www.google.pl/search?hl=pl&inlang=pl&ie=ISO-8859-2&q=logo+registration+&lr=
--
Jack
Inventor of Tomosonography and Tomoultrasonography
______________________________
Global Inventors Organization
20 inventions for auction sale
starting bid $ 100 a piece
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Doc wrote:
I'm about to put out a self produced novelty CD for sale on the
internet. I talked to the copyright office but am not 100% sure the 2
people I talked to really grasped what I'm doing and hope someone here
might have gone through the process or at least is familiar with this
area.
I'm the sole author and creator of all elements of this CD - music,
lyrics, recordings and illustrations.
1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
If that is the "Single unit registration" as described, then it should
suffice.
From it's definition, any and all parts within the production are covered as
a whole.
2) Is there any problem putting in my registration after I've begun
offering this to sale to the public? I.e. if I put this out for sale
before the copyright office actually receives my application, does it
in any way compromise my right to register it with the Copyright
office? The rep at the copyright office didn't seem to think so.
You have the copyright already. The registration only gives you added legal
protection.
3) I was told that a logo is not copyrightable, not even the image of
it, that it can only be registered through the Patent and Trademark
office. I have a company logo that will be appearing in public for the
first time on this CD and also the title of the CD itself - something
on the same order as for example "America's Funniest Home Movies"
(though this is an audio CD). I plan to include a "TM" in the logo and
next to the title on the cover of the CD and as such will be part of
the package sent to the copyright office. Should this present any
problem with copyrighting those elements of the CD which are
copyrightable? I.e. the illustrations, the lyrics, music and
recording.
If artwork is copyrightable, then what is a logo but artwork?
Further, if this thing actually starts to sell enough to make it worth
my while, I plan to go through the process of registering the
trademarks. Will having already put it out for public consumption
compromise my rights to register the trademark at a later date?
Thanks for any input.
In my feeble humble opinion, a logo has no legal clout. It only helps to
associate a product with a company.
For instance, the famous "peacock" logo of the NBC Tv network.
Or that gawd awful Windows ME logo.
What purpose would registering the logo as a trademark serve if it does
nothing to protect your vested interest in the actual product?
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exactly
not "copyright" but "LOGO" i.e. "trademark"
No, Jack. Not exactly. As you would say, "wrong, wrong, wrong".
It is true that I made a typographical error in the original answer,
which I fixed, correctly, from "copyright" to "trademark". "Trademark" I
said, and "trademark" I meant. I did not say "logo" because "logo" is
not what I meant.
We do not need you to quote endless websites to prove that "logos" are
trademarks - logos ARE trademarks. What you do not understand is that
this does not make the terms "logo" and "trademark" equivalent. All
logos are trademarks, but not all trademarks are logos. And life is too
short to waste trying to educate the uneducable.
In any event, I have now managed to figure out how to put you back in my
kill file, so I will not respond to any further posts of yours, since I
will blissfully no longer see them.
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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ike Brown wrote:
No, Jack. Not exactly. As you would say, "wrong, wrong, wrong".
It is true that I made a typographical error in the original answer,
which I fixed, correctly, from "copyright" to "trademark".
ok, what is your point ?
"Trademark" I
said, and "trademark" I meant.
you said "Copyright" not "Trademark"
I did not say "logo" because "logo" is
not what I meant.
what do you have against "logo" ?
We do not need you to quote endless websites to prove that "logos" are
trademarks - logos ARE trademarks.
exactly
LOGOS are not copyrights
What you do not understand is that
this does not make the terms "logo" and "trademark" equivalent.
who ever said so ?
All
logos are trademarks, but not all trademarks are logos.
exactly, but not exactly
There are still logos, which are not trademarks, not intended to ever be
recognized as trademarks.
And life is too
short to waste trying to educate the uneducable.
completely wrong
Mickey Mouse is a registered trademark, but appears in Disney's
production both as a trademark and as a logo.
Go back to webpage of USPTO to see what USPTO's logo is.
In any event, I have now managed to figure out how to put you back in my
kill file, so I will not respond to any further posts of yours, since I
will blissfully no longer see them.
stupid comments as always
You have made an obvious error, calling Mickey Mouse's trademark a
COPYRIGHT.
Your fault.
Just tell us, that you are sorry.
That's all.
Never try to hurt others, playing unfair.
Just read first before posting.
And finally a proof, that you were wrong.
Go to webpage with images of Mickey Mouse ( registered trademark)
http://images.google.pl/images?q=mickey+mouse&hl=en&lr=&ie=UTF-8&sa=N&tab=wi
Go now to trademarks search engine at USPTO
http://tess2.uspto.gov/bin/gate.exe
search for "Mickey Mouse"
(only one entry)
Typed Drawing
Word Mark
MICKEY MOUSE
Goods and Services
IC 028. US 022 023 038 050. G & S: RUBBER ACTION
BALLS; ACTION FIGURES AND
ACCESSORIES; ACTION SKILL GAMES; BEAN BAG DOLLS;
PLUSH TOYS;
BALLOONS; GOLF BALLS; TENNIS BALLS; BATH TOYS;
CHRISTMAS TREE
ORNAMENTS; BOARD GAMES; TOY BUILDING BLOCKS;
EQUIPMENT SOLD AS A
UNIT FOR PLAYING CARD GAMES; PLAYING CARDS; DOLLS AND
DOLL CLOTHING;
DOLL PLAYSETS; CHILDREN'S PLAY COSMETICS; CRIB TOYS;
ELECTRIC ACTION
TOYS; MANIPULATIVE GAMES; GOLF GLOVES; GOLF BALL
MARKERS; JIGSAW
PUZZLES; KITES; DECORATIVE, CRIB AND TOY MOBILES;
MUSIC BOX TOYS; PARTY
FAVORS IN THE NATURE OF SMALL TOYS; INFLATABLE POOL
TOYS; BABY AND
CHILDREN'S MULTIPLE ACTIVITY TOYS; WIND-UP TOYS;
TARGET GAMES;
DISC-TYPE TOSS TOYS; TOY BOWS AND ARROWS; TOY
VEHICLES; MODEL TOY
CARS; MODEL TOY TRUCKS; TOY BUCKET AND SHOVEL SETS;
ROLLER SKATES;
TOY MODEL HOBBYCRAFT KITS; TOY ROCKETS; TOY GUNS; TOY
HOLSTERS;
MUSICAL TOYS; TOY BADMINTON SETS; BUBBLE MAKING WANDS
AND
SOLUTION SETS; MODELED PLASTIC TOY FIGURINES; TOY
BANKS; PUPPETS;
YO-YOS; SKATEBOARDS; TOY SCOOTERS; FACE MASKS;
HAND-HELD UNIT FOR
PLAYING ELECTRONIC GAMES; TALKING TOYS; TOY MODEL
WALKIE-TALKIES;
TOY MODEL ELECTRONIC VOICE RECORDERS
Mark Drawing Code
(1) TYPED DRAWING
Serial Number
78163594
Filing Date
September 12, 2002
Current Filing Basis
1B
Original Filing Basis
1B
Owner
(APPLICANT) Disney Enterprises, Inc. CORPORATION
DELAWARE 500 South Buena Vista
Street Burbank CALIFORNIA 91521
Attorney of Record
Steve Ackerman
Prior Registrations
0313765;0315056;1152389
Type of Mark
TRADEMARK
Register
PRINCIPAL
Live/Dead Indicator
LIVE
#######################
What is a LOGO , a drawing ?
from:
http://inventors.about.com/library/bl/toc/bldrawing.htm
Trademark Basic Facts - Drawing Page
Every application must include a single drawing
page. If there is
no page, the application will be denied a filing
date and returned
to the applicant. The PTO uses the drawing to file
the mark in
the PTO search records and to print the mark in
the Official
Gazette and on the registration.
The drawing must be on pure white, durable,
non-shiny paper
that is 8 1\2 (21.59 cm) inches wide by 11 (27.94
cm) inches
long. There must be at least a one-inch (2.54 cm)
margin on the
sides, top and bottom of the page, and at least
one inch
between the heading and the display of the mark.
At the top of the drawing there must be a heading,
listing on
separate lines, the applicant's complete name,
address, the
goods and services specified in the application,
and in
applications based on use in commerce, the date of
first use of
the mark and the date of first use of the mark in
commerce. This
heading should be typewritten. If the drawing is
in special form,
the heading should include a description of the
essential
elements of the mark.
The drawing of the mark should appear at the
center of the
page. The mark may be typewritten or it may be in
special form.
If the mark includes words, numbers or letters,
the applicant can
usually elect to submit either a typewritten or a
special-form
drawing. To register a mark consisting of only
words, letters or
numbers, without indicating any particular style
or design,
provide a typewritten drawing. In a typewritten
drawing the mark
must be typed entirely in CAPITAL LETTERS, even if
the mark, as
used, includes lower-case letters. Use a standard
typewriter or
type of the same size and style as that on a
standard
typewriter.
What is typed drawing ?
from:
http://inventors.about.com/library/bl/toc/bldrawing.htm
What is a "typed" drawing?
To
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Mike Brown wrote:
No, Jack. Not exactly. As you would say, "wrong, wrong, wrong".
It is true that I made a typographical error in the original answer,
which I fixed, correctly, from "copyright" to "trademark".
wrong wrong wrong
replacing the term "copyright" with the term "trademark"
is not a typographical error
Proof:
from:
http://www.hyperdictionary.com/dictionary/typographical+error
TYPOGRAPHICAL ERROR
Definition:
[n] a mistake in printed matter resulting from mechanical failures of
some kind
What mechanical failure did you mean, having replaced the term
"trademark" with the term "copyright" ?
(snipped for clarity)
--
Jack
Inventor of Tomosonography and Tomoultrasonography
______________________________
Global Inventors Organization
20 inventions for auction sale
starting bid $ 100 a piece
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: I'm the sole author and creator of all elements of this CD - music,
: lyrics, recordings and illustrations.
With the caveat that I'm no lawyer (and nothing here should be construed as
legal advice), here are my quick takes:
: 1) Can the whole thing - illustration, lyrics, music & recordings be
: copyrighted with a single form SR?
As long as you are the sole author (i.e. no cowriters), you can register
copyright in lyrics, music, and recordings with the form SR. If there were
different authors for some of the components (e.g. different cowriters on
different songs, or any cowriters on the songs who did not share a copyright
interest in the recordings, too), then you'd need to use form PA for the
songs (i.e. lyrics/music) and SR for the recordings.
As for illustrations, I'm not sure, but I don't think they are included in
the SR. I believe the SR is only for the recording itself (and any songs
that can be included by virtue of having the exact same copyright claimants
and authors as the recording). I suspect you might need a separate form for
graphic arts to register any illustrations.
: 2) Is there any problem putting in my registration after I've begun
: offering this to sale to the public? I.e. if I put this out for sale
: before the copyright office actually receives my application, does it
: in any way compromise my right to register it with the Copyright
: office? The rep at the copyright office didn't seem to think so.
Your copyright actually exists from the time you fix this in some kind of
tangible medium (e.g. a CD), and, in fact, unless you want to register the
copyright twice, you will actually need to wait until after you've put the
CD out for sale. That is because, if you register it beforehand, then the
work needs to be registered as an unpublished work, but then you'd need to
update the registration to reflect that it is a published work as soon as it
is offered for sale to the public. Thus, I'd suggest registering it roughly
in parallel with the release, but on or after the release date since the
release date (i.e. first publication date) must be included in the
application form.
: 3) I was told that a logo is not copyrightable, not even the image of
: it, that it can only be registered through the Patent and Trademark
: office. I have a company logo that will be appearing in public for the
: first time on this CD and also the title of the CD itself - something
: on the same order as for example "America's Funniest Home Movies"
: (though this is an audio CD). I plan to include a "TM" in the logo and
: next to the title on the cover of the CD and as such will be part of
: the package sent to the copyright office. Should this present any
: problem with copyrighting those elements of the CD which are
: copyrightable? I.e. the illustrations, the lyrics, music and
: recording.
I wouldn't think this should affect anything with the copyright package. In
that sense, it is like a phrase within one of the songs -- i.e. the phrase
may not be copyrightable itself, but that doesn't prevent your having
copyright in a song that contains that phrase.
: Further, if this thing actually starts to sell enough to make it worth
: my while, I plan to go through the process of registering the
: trademarks. Will having already put it out for public consumption
: compromise my rights to register the trademark at a later date?
Just the opposite. Before you can register a trademark you have to prove
some level of use of that trademark for doing business, and your use here
should help. The only caveat is that, if it turns out your trademark
infringes on someone else's trademark, that could cause you issues if you
get to the level where someone would actually have a chance of noticing
that. This is where doing the due diligence of trademark searches comes in.
Unfortunately real trademark searches are probably beyond the budget of an
indie CD project, but you can at least satisfy yourself to some degree
through Internet searches and the like. At least that would improve the
odds of turning up possible conflicts if they are something that should be
reasonably well known or at least getting out there at some reasonable level
beyond just one local area.
Rick
--
==========================================
Rick Paul
Closet Cowboy Music (ASCAP)
Lake Forest, California
E-mail: rickpaul@earthlink.net
Web: http://home.earthlink.net/~rickpaul
MP3s: http://rickpaul.iuma.com
"Ho Ho Ho Spice" (benefit Christmas CD for HOSPICE):
http://www.hohohospice.com
==========================================
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Doc wrote:
I'm about to put out a self produced novelty CD for sale on the
internet. I talked to the copyright office but am not 100% sure the 2
people I talked to really grasped what I'm doing and hope someone here
might have gone through the process or at least is familiar with this
area.
I'm the sole author and creator of all elements of this CD - music,
lyrics, recordings and illustrations.
1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
I'm not a lawyer, but here's my opinion.
No. The protection for sound recordings protects the recording against
duplication only. If you only want to do one registration use TX, the
"catch all" registration and register it as if it were a book. Otherwise
you'd need an SR for the phonorecord, the music and lyrics under whatever
a musical composition is, and possibly the CD case illustration either as
TX or as a photograph or as a "work of art."
Not sure whether the compulsory licensing provisions require you to
register the musical composition as one or if you can still collect for
future phonograph use royalties for a song published in TX.
2) Is there any problem putting in my registration after I've begun
offering this to sale to the public? I.e. if I put this out for sale
before the copyright office actually receives my application, does it
in any way compromise my right to register it with the Copyright
office? The rep at the copyright office didn't seem to think so.
Registration is only required in order to sue for infringement, and is
okay as long as it is done either any time before an infringement occurs
or within three months after publication. In fact, you don't register it
until *after* publication, otherwise you would have to register it twice,
(and pay twice), once as a registration for an unpublished work, and then
a new registration as a published work.
3) I was told that a logo is not copyrightable, not even the image of
it, that it can only be registered through the Patent and Trademark
office. I have a company logo that will be appearing in public for the
first time on this CD and also the title of the CD itself - something
on the same order as for example "America's Funniest Home Movies"
(though this is an audio CD). I plan to include a "TM" in the logo and
next to the title on the cover of the CD and as such will be part of
the package sent to the copyright office. Should this present any
problem with copyrighting those elements of the CD which are
copyrightable? I.e. the illustrations, the lyrics, music and
recording.
Unless the logo itself is of such character that it qualifies as a
photograph or a copyrightable work in and of itself, it is a trademark. A
work which is copyrightable could be registered as a trademark or
copyrighted, but a work which is not copyrightable can ONLY be registered
as a trademark.
An example of which is the front cover for Land-O-Lakes butter. That
photograph of a wilderness has a copyright notice on it (dated 1923, I
think) rather than being a trademark. Once it expires I believe they
could then register it as a trademark. They probably could have chosen to
register it as a trademark in the first place, too.
Further, if this thing actually starts to sell enough to make it worth
my while, I plan to go through the process of registering the
trademarks. Will having already put it out for public consumption
compromise my rights to register the trademark at a later date?
Actually it's the exact opposite. It's only BECAUSE you put it out for
public consumption that you're allowed to register a trademark on a logo,
name or symbol. (Now, there are provisions for registration for intent to
use, but you still have to put the item into use in order to register it
later on.)
--
Paul Robinson "Above all else... We shall go on..."
"...And continue!"
"If the lessons of history teach us anything it is
that nobody learns the lessons that history teaches us."
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1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
No. The protection for sound recordings protects the recording against
duplication only. If you only want to do one registration use TX
That is not correct. You can register a sound recording, and the
underlying music, on a form SR. See copyright office circular 56:
"Form SR must also be used if you wish to make one registration for both
the sound recording and the underlying work (the musical composition,
dramatic, or literary work). You may make a single registration only if
the copyright claimant is the same for both the sound recording and the
underlying work. In this case, the authorship statement in Space 2
should specify that the claim covers both works."
As to the rest, I answered that some time ago in this thread. You cannot
register any graphical elements on form SR - in that case it's a
"multimedia work" and needs to be recorded on form PA. See the copyright
office's publication 55:
"Generally, select the application form on the following bases:
1. Use Form PA if the work contains an audiovisual element, such as
a filmstrip, slides, film, or videotape, regardless of whether there are
any sounds.
2. Use Form SR if the work does not contain an audiovisual element,
but contains an audiotape or disk in which sound-recording authorship is
claimed.
3. Use Form TX if the work contains only text, such as a manual and
a computer program that produces a textual screen display. (See Circular
61 for further information.)"
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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1) Can the whole thing - illustration, lyrics, music & recordings be
copyrighted with a single form SR?
No. The protection for sound recordings protects the recording against
duplication only. If you only want to do one registration use TX
That is not correct. You can register a sound recording, and the
underlying music, on a form SR. See copyright office circular 56:
As to the rest, I answered that some time ago in this thread. You cannot
register any graphical elements on form SR - in that case it's a
"multimedia work" and needs to be recorded on form PA. See the copyright
office's publication 55:
Hi Mike, thanks for your reply. I just happened to see this. So, if I want
to copyright the artwork on the CD, as well as the recording, lyrics &
music, I likely need to send in 2 applications? The SR for the recording
itself and underlying music, and a PA to cover the artwork?
Looking at the instructions on the form SR:
"It should be used when the copyright claim is limited to the sound
recording itself, and it may also be used where the same copyright claimant
is seeking simultaneous registration of the underlying musical, dramatic, or
literary work embodied in the phonorecord."
Nothing about artwork. However it seems a little confusing when a few lines
futher down it talks about the deposit for a published work:
"Deposit two complete phonorecords of the best edition, together with "any
printed or other visually perceptible material" published with the
phonorecords.
What made me wonder is why the mention of the printed material. Talking to
the copyright office they seemed to think that the artwork could be
copyrighted on the SR, but they might well be handing out bogus information.
You think I should put the artwork on a PA form?
Thanks!
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As to the rest, I answered that some time ago in this thread. You cannot
register any graphical elements on form SR - in that case it's a
"multimedia work" and needs to be recorded on form PA. See the copyright
office's publication 55:
Hi Mike, thanks for your reply. I just happened to see this. So, if I want
to copyright the artwork on the CD, as well as the recording, lyrics &
music, I likely need to send in 2 applications? The SR for the recording
itself and underlying music, and a PA to cover the artwork?
No. As I explained in the original answer, if there are any graphic
elements you register the entire work on one form, and that form is a
form PA. It is registered as a "multimedia work".
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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Hi Mike, thanks for your reply. I just happened to see this. So, if I
want
to copyright the artwork on the CD, as well as the recording, lyrics &
music, I likely need to send in 2 applications? The SR for the recording
itself and underlying music, and a PA to cover the artwork?
No. As I explained in the original answer, if there are any graphic
elements you register the entire work on one form, and that form is a
form PA. It is registered as a "multimedia work".
Can you point me to an example of an album where it's been done this way? So
far, after looking up several albums by both major label artists and obscure
ones, I find that while sometimes the individual songs have been registered
on a form PA, the albums in their entirety have been registered on a form SR
(going by the "PA" or "SR" in the registration number.) According to what I
find so far on the Copyright office website, a "multimedia work" is
something where the "visual" element is an integral part of the work. In the
case of an album, the artwork is just part of the packaging. In fact, per
the description in the section on multimedia works it states:
"A multimedia work is a work, often instructional, which, excluding its
container, combines authorship in two or more media.", specifying "excluding
its container".
Can you elaborate?
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Can you point me to an example of an album where it's been done this way?
No. I quoted the Copyright Office's explanation of what form to use. I
have neither time nor inclination to do any research into actual
registrations. I suspect in most commercial cases the album artwork is
done by someone other than the musicians who recorded the music (which
would be recorded on form SR). If the music, performance and album art
were all created by the same person there's no reason not to consider it
all as one unitary work and register it all on form PA. What form you
register something on is a matter of the convenience of the Copyright
Office. It doesn't affect the validity or scope of the copyright.
"A multimedia work is a work, often instructional, which, excluding its
container, combines authorship in two or more media.", specifying "excluding
its container".
Can you elaborate?
It depends on what you consider the "work" to be. The definition you
quote goes on to say,
"The media may include two or more of the following:
printed matter, such as a book, charts or posters, or sheet music;
audiovisual material, such as a filmstrip, slides, videotape, or
videodisk;
a phonorecord, such as an audiodisk or audiotape; or
a machine-readable copy, such as a computer-read disk, tape, or chip.
"For the purpose of copyright registration, it is important to identify
the copyrightable elements contained in the multimedia work. Identifying
the elements will help you to determine which application form to use
and what type of material to deposit."
There's no reason why the cover art, CD booklet, sound recording, and
underlying music can't be considered one "work" for the purposes of
registration, and registered on one form, so long as the copyright
claimant is the same for all of them (not usually the case in a
commercially produced album, but true in this case of a self-produced
CD). The copyright office explicitly says that - See circular 55:
"Single Unit Registration
"All copyrightable elements of a multimedia kit may generally be
registered with a single application, deposit and fee, provided: 1) they
are not published, or if published, are published together as a single
unit; and 2) the copyright claimant is the same for each element.
"Separate registrations for individual elements may be made by
submitting a separate application and filing fee for each. A separate
registration is required, however, for any element of a multimedia kit
that is published separately or claimed by someone other than the
copyright claimant for the other elements. "
....
"APPLICATION FORMS
"The appropriate form for registration depends on what elements make up
the multimedia kit. (The chart below describes typical multimedia kits
and shows the appropriate form and description of authorship in each case.)
"Generally, select the application form on the following bases:
" 1. Use Form PA if the work contains an audiovisual element, such as
a filmstrip, slides, film, or videotape, regardless of whether there are
any sounds.
" 2. Use Form SR if the work does not contain an audiovisual element,
but contains an audiotape or disk in which sound-recording authorship is
claimed.
" 3. Use Form TX if the work contains only text, such as a manual and
a computer program that produces a textual screen display. (See Circular
61 for further information.)"
Of course, it is equally true that you can, if you want, file many
registrations, one for each element, if you feel compelled to do so -
the album art on form VA, the booklet text on TX, the sound recording on
SR, and the music on PA. It will cost four times as much as one
registration, but there's no reason not to if you want.
--
Michael F. Brown
Registered Patent Attorney No. 29,619
http://www.bpmlegal.com/
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