What can be registered with this application?
This application may be used to register a group of musical works (with or without lyrics) that were published on the same album.
This application cannot be used register a sound recording. And it cannot be used to register photos, artwork, liner notes, or any other type of work that may be included on the album.
What's the difference between a "musical work" and a "sound recording"?
A musical work – such as a song with music and lyrics – and a particular recording of that song are two separate works.
A musical work is a work that consists of music – including melody, rhythm, and/or harmony – and any accompanying lyrics.
Example:
- A song with music and lyrics
- An instrumental composition with music but no lyrics
A sound recording is a recording of a particular performance of a musical work.
For example, the song “Respect” and a recording of Aretha Franklin performing the song “Respect” are two distinct works. The music and lyrics is a musical work. A recording of a person performing this song is a sound recording.
Example:
This is a musical work:
- "Respect" (music and lyrics by Otis Redding)
These are sound recordings:
- "Respect" performed by Otis Redding
- "Respect" performed by Aretha Franklin
- "Respect" performed by The Supremes and The Temptations
For more information about the differences between a musical work and a sound recording, read Circular 56a.
What is an album?
As mentioned above, this application may be used to register a group of musical works that were published on the same album.
An “album” is defined as “a single physical or electronic unit of distribution containing at least two musical works that are embodied in a phonorecord.” For examples of what may qualify as an “album,” see Group Registration of Works on an Album (Circular 58).
Eligibility Requirements
You may register a group of musical works with this application, if the following conditions have been met.
- Each work must be a musical work (either with or without lyrics).
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You must submit at least 2 – but no more than 20 – musical works.
Note: If you submit more than 20 musical works, the Office may remove those works from your application or may refuse to register the entire claim.
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All of the works being registered must be first published on the same album on the same date.
Note: There is a limited exception to this rule for musical works that were previously published as an individual work (such as a single) before they were published on the album. Read more.
- All of the works must be first published in the same country.
- You must provide the date and nation of first publication for each work being registered.
- You must provide the title for the album, and a title and track number for each musical work being registered.
- All of the musical works must be created by the same author, or all of the works must have a common author. Read more.
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The musical works may be registered as works made for hire if they are identified in the application as such.
Note: The Copyright Office developed a questionnaire that may be useful in determining whether a particular work qualifies as a “work made for hire.” To complete the questionnaire and to read more information about this topic, read Circular 30.
- Finally, the copyright claimant or co-claimants for all of the musical works must be the same person(s) or the same organization. Read more.
Author Information
The author of a musical work is the person who created the music or the lyrics that appear in the work, such as a composer, lyricist, or songwriter.
If the works were created by one author, you should identify that author in the application. If the works were created by two or more co-authors, you should identify all of the co-authors in the application.
As mentioned above, all of the musical works must be created by the same author, or all of the works must have a common author.
Note: All of the other registration requirements must also be met, including the requirement that the claimant(s) for each work must be the same person or organization. Read more.
Works Created by the Same Author
You may use this application if all of the works were created by the same person, as shown below:
Example:
Songs | Author |
---|---|
1 | A |
2 | A |
3 | A |
Works Created by the Same Co-Authors
Likewise, you may use this application if all of the works were created by the same co-authors, as shown below:
Example:
Songs | Co-Authors |
---|---|
1 | A & B |
2 | A & B |
3 | A & B |
Works Created by a Common Author
You may also use this application if all of the works being registered have a common author or a common co-author. This means that at least one of the authors must have contributed copyrightable authorship to each and every work in the group, as shown in the following examples.
Example:
Songs | Authors |
---|---|
1 | A |
2 | A & B |
3 | A & C |
In this example, songs 1, 2, and 3 have a common author, because each work was created or co-created by the same person. In other words, A is the author or co-author of every song in this group, even though A co-created songs 2 and 3 with a different co-author – namely, B and C.
Example:
Songs | Authors |
---|---|
4 | A & B |
5 | A & C |
5 | D & E |
In this example, songs 4 and 5 have a common author, because each work was co-created by the same person. In other words, A is the co-author of songs 4 and 5, even though A co-created these works with a different co-author – namely, B and C.
By contrast, song 6 doesn’t have a common author, because the co-authors of that work – D and E – did not create any of the other songs in this group. Likewise, A is not a common author for song 6, because A did not co-create that work.
Claimant Information
When you complete the application, you must provide the name and address for the copyright claimant(s).
Who is the copyright claimant?
A copyright claimant can be either the author of all of the works in the group being registered, or a person or organization that has obtained ownership of all of the exclusive rights initially belonging to an author of all of the works in the group being registered.
In all cases, the copyright claimant or co-claimants for each work listed in the application must be the same person(s) or organization.
Can I name the author as the copyright claimant?
Yes. If you plan to name the author or co-authors as the copyright claimant(s), then all of the works in the group being registered must be created by the same author, or the works must have a common joint author and the copyright claimant or co-claimants for each work must all be the same person(s) or organization.as shown in the following example.
Example:
Songs | Authors | Claimants |
---|---|---|
1 | A & B | A & B |
2 | A & B | A & B |
3 | A & B | A & B |
In this example, A and B co-created Songs 1, 2, and 3. All three songs may be registered with this application, naming A and B as the co-claimants for these works.
Example:
Songs | Authors |
---|---|
4 | A & C |
5 | A & C |
6 | A & D |
In this example, A and C created songs 4 and 5. A and D created song 6. Songs 4 and 5 may be registered with this application by naming A and C as the co-claimants for these works.
By contrast, song 6 cannot be included in the claim, because the co-authors of that work are different than the co-authors of songs 4 and 5.
To register song 6, the applicant should submit a separate application, deposit, and fee for that work using the Standard Application, not the group registration application. Click here if you need help locating the Standard Application.
Can I name a third party as the copyright claimant, such as a music publisher?
A third party – such as a music publisher – may be named as the copyright claimant if that party owns all of the exclusive rights that initially belonged to an author of all of the works being registered.
The copyright law provides composers, lyricists, and songwriters with the following exclusive rights:
- The exclusive right to reproduce a musical work in copies or phonorecords
- The exclusive right to prepare derivative works based upon a musical work
- The exclusive right to distribute copies or phonorecords of a musical work to the public by sale or other transfer of ownership, or by rental, lease, or lending
- The exclusive right to publicly perform or publicly display the musical work .
A third party may be named as the copyright claimant if that party owns all of the exclusive rights that initially belonged to an author of all of the works listed in your application.
If you plan to name a third party as the copyright claimant, you should only list the works that are owned by that party. If a third party does not own all of the exclusive rights that initially belonged to an author of a particular work, you should not list that work in your application.
Example:
Songs | Co-Authors | Owner of All of the Authors' Exclusive Rights |
---|---|---|
1 | A & B | Publisher X |
2 | A & C | Publisher X |
In this example, A and B created song 1. A and C created song 2. A, B, and C transferred all of their exclusive rights to Publisher X by written agreement.
Songs 1 and 2 may be registered with this application, by naming Publisher X as the claimant for those works.
Example:
Songs | Co-Authors | Owner of 50% of the Authors' Publishing Rights | Owner of All Other Exclusive Rights |
---|---|---|---|
3 | A & D | Publisher Y | A & D |
4 | A & D | Publisher Y | A & D |
In this example, A and D created songs 3 and 4. Both authors transferred 50% of their publishing rights to Publisher Y. The authors retained the rest of their exclusive rights.
Songs 3 and 4 may be registered with the same application, by naming authors A and D as the co-claimants for these songs.
As mentioned above, a third party may only be named as the copyright claimant if that party owns all of the exclusive rights that initially belonged to an author of all of the works being registered. A third party that does not own all of these rights cannot be named as a claimant.
In this example, Publisher Y cannot be named as a claimant, because the publisher owns some – but not all – of the exclusive rights in songs 3 and 4.
Publication Information
All of the works that you submit with this application must be published on the same album. All of the works must be first published in the same country. And as a general rule, all of the works must be first published on the same date.
Note: Unpublished works cannot be registered with this application.
Limited Exception for Previously Published Works
There is a limited exception to this rule for musical works that were previously published as an individual work (such as a single) before they were published on the album.
A previously published work may be included in the claim if the following requirements have been met:
- The previously published track must be exactly the same as the track published on the album.
- And the previously published work must be expressly claimed in the “Note to Copyright Office” section of the application, including the title of the work and the month, day, and year (MM/DD/YYYY) that it was published for the first time.
Example:
Title of the Works Being Registered | Album Track Number | Album Publication Date | Single Publication Date | Nation of First Publication |
---|---|---|---|---|
Mercury | 1 | 6/1/2021 | USA | |
Venus | 2 | 6/1/2021 | USA | |
Earth | 3 | 6/1/2021 | 3/1/2021 | USA |
Mars | 4 | 6/1/2021 | 3/1/2021 | Canada |
- Tracks 1 through 4 were published on the same album on June 1, 2021.
- Tracks 3 and 4 were published as singles before they were published on the album. Track 3 was first published in the United States on March 1, 2021. Track 4 was first published in Canada on March 1, 2021.
Tracks 1 and 2 may be registered with the group registration application.
Track 3 may be included in the claim, because that work was first published in the same country as songs 1 and 2. To do so, the applicant should provide the following information in the “Note to Copyright” space:
- The title of the single
- The month, day, and year (MM/DD/YYYY) that the single was first published
- A brief statement confirming that the previously published track is exactly the same as the track that was published on the album, such as: “Earth was first published as a single on 03/01/2021. The previously published track is identical to the track published on the album.”
By contrast, song 4 cannot be included in the group registration application, because it was first published in a different country than the rest of the works in this group. To register song 4, the applicant should submit a separate application, deposit, and fee using the Standard Application. Click here if you need help locating the Standard Application.