What can be registered with this application?
This application may be used to register a group of sound recordings that were published on the same album. It may also be used to register photos, artwork, or liner notes that were first published with the album.
Important: This application cannot be used register a musical work (either with or without lyrics). Likewise, it cannot be used to register any audiovisual works that may be included on the album, such as videos.
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.
Examples:
- 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.
Examples:
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 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 works with this application, if the following conditions have been met.
- You must submit at least 2 – but no more than 20 – sound recordings.
- Note: If you submit more than 20 sound recordings, the Office may remove those works from your application or may refuse to register the entire claim.
- 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 sound recordings 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 sound recording being registered. (If you submit any photos, artwork, and/or liner notes, the system will automatically add a “generic” title for those works.)
- All of the works must be created by the same author, or all of the works must have a common author. Read more.
- The works may be registered as works made for hire if they are identified in the application as such.
- Note: The Copyright Office has 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 works must be the same person(s) or the same organization. Read more.
Author Information
Generally, sound recordings are created by performers and/or producers. In other words, the author of a sound recording may be the performer featured in the recording, and/or the producer who captured, manipulated, and/or edited the sounds that appear in the final recording.
Photographs, artwork, and liner notes are generally created by photographers, artists, and writers. The author of a photograph is the person who shoots the photo. The author of a piece of artwork is the person who sketches or draws the image. And the author of liner notes is the person who writes the text.
If any of the works were created as works made for hire , then the employer or the party that ordered or commissioned that work is considered the author, rather than the individual who actually created the sound recording, photo, artwork, or liner notes.
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 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:
| Works | Author |
|---|---|
| Track 1 | A |
| Track 2 | A |
| Track 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 :
| Works | Co-Authors |
|---|---|
| Track 1 | A & B |
| Track 2 | A & B |
| Track 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:
| Works | Authors |
|---|---|
| Track 1 | A |
| Track 2 | A & B |
| Track 3 | A & C |
| Photos, artwork, liner notes | A |
In this example, all of the sound recordings, photos, artwork, and liner notes 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 work in this group, even though A co-created tracks 2 and 3 with a different co-author – namely, B and C.
Example:
| Works | Co-authors |
|---|---|
| Track 4 | A & B |
| Track 5 | A & C |
| Track 6 | D & E |
| Photographs | F |
In this example, tracks 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 tracks 4 and 5, even though A co-created these works with a different co-author – namely, B and C.
By contrast, track 6 doesn’t have a common author, because the co-authors of that track– D and E – did not create any of the other works in this group.
Likewise, the photographs don’t have a common author, because the author of those works – F – did not create any of the sound recordings.
Claimant Information
When you complete the application, you must provide the name and address for the copyright claimant(s).
Who is the copyright claimant?
The copyright claimant is either the author of all of the works in the group being registered, or a person or organization that owns 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(s) 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 a common joint author, as shown in the following example.
Example:
| Works | Authors | Claimants |
|---|---|---|
| Track 1 | A & B | A & B |
| Track 2 | A & B | A & B |
| Track 3 | A & B | A & B |
| Liner notes | A & B | A & B |
In this example, A and B co-created Tracks 1, 2, and 3 and the liner notes for this album. All of the works may be registered with this application. A and B may be named as co-claimants.
Example:
| Works | Co-authors |
|---|---|
| Track 4 | A & C |
| Track 5 | A & C |
| Track 6 | A & D |
| Artwork | E |
In this example, A and C created tracks 4 and 5. A and D created track 6. Tracks 4 and 5 may be registered with this application by naming A and C as the co-claimants for these works.
By contrast, track 6 cannot be included in the claim, because the co-authors of that work are different than the co-authors of tracks 4 and 5. The artwork cannot be included in the claim for the same reason.
To register track 6 or the artwork, the applicant should submit a separate application, deposit, and fee for each 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 record label?
A third party – such as a record label – 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 copyright owners with the following exclusive rights in their sound recordings:
Exclusive Rights in Sound Recordings
- The exclusive right to reproduce a sound recording in phonorecords
- The exclusive right to prepare derivative works based upon a sound recording
- The exclusive right to distribute phonorecords of a sound recording to the public by sale or other transfer of ownership, or by rental, lease, or lending
- The exclusive right to publicly perform a sound recording by means of a digital audio transmission
Likewise, the copyright law provides copyright owners with the following exclusive rights in their photos, artwork, and liner notes:
Exclusive Rights in Photographs, Artwork, and Liner Notes
- The exclusive right to reproduce the work in copies
- The exclusive right to prepare derivative works based upon the work
- The exclusive right to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
- The exclusive right to publicly perform the liner notes
- The exclusive right to publicly display the photographs, artwork, or liner notes
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:
| Works | Co-authors | Owner of All of the Authors’ Exclusive Rights |
|---|---|---|
| Track 1 | A & B | Record Label X |
| Track 2 | A & C | Record Label X |
In this example, A and B created track 1. A and C created track 2. A, B, and C transferred all of their exclusive rights to Record Label X by written agreement.
Tracks 1 and 2 may be registered with this application, by naming Record Label X as the claimant for those works.
Example:
| Works | Co-authors | Owner of 50% of the Authors’ Distribution Rights | Owner of All Other Exclusive Rights |
|---|---|---|---|
| Track 3 | A & D | Record Label Y | A & D |
| Track 4 | A & D | Record Label Y | A & D |
In this example, A and D created tracks 3 and 4. Both authors transferred 50% of their distribution rights to Record Label Y. The authors retained the rest of their exclusive rights.
Tracks 3 and 4 may be registered with the same application, by naming authors A and D as the co-claimants for these works.
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 the exclusive rights that initially belonged to an author or co-author of the works cannot be named as a claimant.
In this example, Record Label Y cannot be named as a claimant, because the company owns some – but not all – of the exclusive rights in tracks 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 Sound Recordings
There is a limited exception to this rule for sound recordings that were previously published as an individual work (such as a single) before they were published on the album. (Note: This exception does not apply to photographs, artwork, or liner notes that were previously published before they appeared on the album.)
A previously published track 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 track 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 | 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 |
- Tracks1 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 tracks 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
- And 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, track 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 track 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.
Submit Your Works to the Copyright Office
To register a group of sound recordings that were published on the same album, you must submit one complete copy of each work that you want to register. You also must submit a copy of any photographs, artwork, or liner notes that are being registered.
Albums published in a physical format or published both in digital and physical format
If the album was published in the United States, and if it was published solely in a physical format – such as a CD or LP – or published both in digital and physical format, you must send two physical copies of the best edition of the entire album. You also must submit any printed or visually perceptible material that was published with the album, such as photos, artwork, or liner notes appearing on the album cover.
If the album was first published in a physical format outside the United States (but was not published in this country) you must send one physical copy of the album as published in the foreign country, including any printed or visually perceptible material that was distributed with the album (such as artwork, photos, or liner notes appearing on the album cover).
If the album was first published in a foreign country and later published in the United States, you may send one copy of the album that was first published overseas or one copy of the best edition that was published in this country.
Albums published solely in a digital format
If the album was published solely in a digital format but was not published in a physical format, such as a CD or LP, you may upload your sound recordings in a digital form. You may also upload a digital copy of any photos, artwork, or liner notes that are being registered.
Uploading your works to the electronic registration system
When you complete your application you must provide the title and track number for each sound recording that you want to register. If you upload each recording in a digital format, the name assigned to each audio file must match the corresponding titles that you listed in the application. The file name should also include the track number that was assigned to each sound recording when it was published on the album.
Example:
| Titles listed in the application: | Album track number listed in the application: | Filenames for the digital audio files: |
|---|---|---|
| Birthday Party | 2 | 02birthdayparty.mp3 |
| Dinner Party | 4 | 04dinnerparty.mp3 |
| Wedding Party | 6 | 06weddingparty.mp3 |
If you plan to register photos, artwork, or liner notes, the file names for those works should identify the type of work you plan to submit. For example, if you plan to register a photograph, the word “photo” should be included in the file name. If you plan to register artwork, the word “artwork” should be included in the file name.
If you plan to submit multiple items, then the file name for each work should be appropriately labeled and numbered to distinguish them from each other, such as “photo 1,” “photo 2,” “photo 3,” etc.
Example:
| Type of work | Filenames for the digital files: |
|---|---|
| 3 photographs | photo1.jpeg photo2.jpeg photo3.jpeg |
| Artwork | artwork.pdf |
| Liner notes | linernotes.pdf |
To see a list of the titles that you entered in the application, follow these steps:
- When you reach the deposit submission screen, go to the section of the page labeled “Upload Your Work(s)”
- Under “case details” locate the word “Title.”
- Next to the word “Title” you’ll find the group title that was assigned to your claim. It starts with the phrase “Works published on the album” followed by the album title, as shown below:
Example:
Album title: Solar System
Group title: Works published on the album Solar System
- Click the link embedded in the group title. A pop up window will appear listing the titles for the sound recordings that you entered on the titles screen. Be sure to upload a separate audio file for every work listed in this window. And make sure that the file names include both the titles and track numbers that you entered on the “Titles” screen.
Requirements for Digital Audio Files
Each work that you upload to the Copyright Office must be contained in a separate file. And each file must be saved in an acceptable format. The list of acceptable formats is posted on the Office’s website.
Each file must be uploaded one by one. Do not upload all of your works in a ZIP folder.
Note: The Copyright Office will not accept:
- Files containing multiple works
- Files submitted in an unacceptable file format
- Files uploaded in a zip folder, instead of one-by-one