Which copyright form to use for a song: SR or PA?

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Which copyright form to use for a song? There are two main copyrights a recording artist can register for. PA copyright and SR copyright. PA stands for performing arts and SR stands for sound recording. These two forms PA and SR are available on the U.S. copyright office website.

The statutory definition of copyright is:

The Copyright Act

The Copyright Act states that performing a work “means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.” 17 U.S.C. § 101. What does all of this mean? Works of the performing arts are works that are intended to be performed for an audience.

The following list is in alphabetical order:

  • Albums 
  • Audio Books      
  • Beats
  • Choreographic Works    
  • Comedy Routines / Stand Up Routines     
  • Dances, Drama, Instrumentation
  • Interviews, Jingles, Karaoke              
  • Live Concerts
  • Lyrics    
  • Method / Musical Instruction Books         
  • Mix Tapes
  • Music   
  • Music & Lyrics, Music Editing, Musical Arrangement, Musical Theater, Musicals (Song / Script)
  • Pantomime        
  • Podcasts, Remixes / Mashups, Sampling             
  • Screenplays, Scripts
  • Songs   
  • Sound Effects, Sound Recordings, Soundtracks       
  • Spoken Word Recordings             
  • Stage Plays, Synopses, Teleplays            
  • Treatments
  • TV / Radio Broadcasts    
  • Vocals

Copyright forms PA and SR

The definitions and terms to register a copyright can get quite confusing so I am going to briefly explain the difference between Form PA (Performing Arts) and Form SR (Sound Recording). Okay, if you are registering a musical work,  a dramatic work, a choreographic work or pantomime work then you would use Form PA. The United States Copyright Office defines a “musical work” as music and/or lyrics either in printed form or audio form. So, if you are registering ONLY the musical work (such as music and/or lyrics) select Form PA “Works of the Performing Arts”. Musical compositions and Sound recordings are considered two separate works for copyright purposes.

A recording of a particular recording of a song is a “sound recording”.  If you are registering ONLY the “sound recording” then select Form SR “Sound Recording”.

Apply for Both Forms

An Artist can apply for both Form PA & Form SR with one copyright application

If you are registering BOTH the musical work AND the recorded performance of that work, select “Sound Recording”. A note of caution, a musical work (such as music and/or lyrics) and the recorded performance of that work may be REGISTERED TOGETHER ONLY IF (1) the author(s) named in the application contributed to both works, or (2) the copyright claimant owns all rights in both works through a written transfer of copyright.

Examples:          

  • When an artist performs and records a composition owned by someone else, the artist or artist’s label (if appropriate) would submit an application for the recording only. For specific guidance, see Copyright Registration of Sound Recordings (Circular 56).
  • When a songwriter creates a composition that someone else records, the songwriter or songwriter’s publisher (if appropriate) would submit an application for the musical composition only. For specific guidance, see Copyright Registration of Musical Compositions (Circular 50).
  • When a songwriter performs and records the songwriter’s own composition, the songwriter may submit one application for both the composition and recording.
  • When a record company owns both a composition and a recording of that composition, it may submit one application for both the composition and recording.

For more information about registering musical works, see Circular 50.

For more information about registering musical works and sound recordings, see Circular 56a.

For a List of compiled questions visit Copyright FAQs

Keith L. Watkins

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