Klarinet Archive - Posting 000837.txt from 1998/10

From: "John F. Clark" <jclark@-----.edu>
Subj: [kl] copyright
Date: Mon, 19 Oct 1998 19:32:50 -0400

Re: Kevin Fay's comments on the (non)value of mailing to yourself for
copyright purposes.

Kevin knows whereof he speaks, and you should listen to him. Here in the
College of Communications and Information Studies we are very much
concerned with all aspects of intellectual property. Not only do we have
two faculty who hold both the Ph.D and J.D., but I, out of necessity, have
become the local expert on copyright and fair use in electronic publishing.
Continued insistence on the part of some folks that self-mailing is
legitimate is the equivalent of perpetuating urban myths about kidney
thieves. Please don't do that to the curious young minds (and old minds,
for that matter) who monitor and contribute to this list.

On another note, I don't see that this thread has wandered from the
protection of works of music, and in any case, the principles are the same.
I might point out, however, that the phrase "tangible medium of expression"
also includes recordings, which constitute either published or unpublished
works just as manuscripts do. Normally, the copyright extended for
recordings protects the performance and the work of the people who produce
the recording, but it may apply to the composition and the performance if
the composer and the performer are the same person. Additionally, a sound
recording may be submitted as the sole basis for registering a composition.
Here's a quote from U.S. Copyright Office circular 56 regarding sound
recordings:

CHOOSING THE APPROPRIATE FORM

Copyright registration for a sound recording alone is not the same
as, nor a substitute for, registration for the musical, dramatic,
or literary work recorded. The underlying work may be registered
in its own right apart from any recording of the performance, or
in certain cases, registered together with the sound recording.

When to Use Form SR

Use Form SR for registration of published or unpublished sound
recordings, that is, when you are seeking to register the
particular sounds or recorded performance.

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.

Form SR is also the appropriate form for registration of a
multimedia kit that combines two or more kinds of authorship
including a sound recording (such as a kit containing a book and
an audiocassette).

When to Use Form PA

For registration purposes, musical compositions and other works
intended to be performed are classified as works of the performing
arts. For example if you wish to register only the musical
composition (not the particular sounds of recorded performance)
you should use Form PA, even though your deposit may be a
phonorecord.

Whether a musical composition is fixed (embodied) in a notated
copy such as a lead sheet or sheet music, OR in a phonorecord such
as a tape or disk does not affect its classification as a work of
the performing arts.

John F. Clark jclark@-----.edu
College Technology Coordinator
College of Communications and Information Studies
121 Grehan Building
University of Kentucky
Lexington, KY 40506-0042
PH: (606)257-2810 FAX: (606)257-7818

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