Use of the copyright notice under license

[sjames]

I have a question regarding the use of the (c) sign on recordings which are under license for manufacture and distribution.

My understanding is this - even if the company puts a (c) sign on the physical product (ie, the CD) they only own the copyright in the physical product. They do not own the copyright in the actual work that is recorded on the product.

Is this correct?

 

[Michael Wechsler]

I'm not sure what you are getting at but the actual symbol is not necessary and someone does own the rights to each part of the music and it could be the company itself, including the product, the sound recording, the music itself, the lyrics and the rights to distribute. More information can be found at the library of Congress at loc.gov and in addition, here is a brief explanation for the "P" symbol on sound recordings:

The copyright notice for phonorecords embodying a sound recording is different from that for other works. Sound recordings are defined as "works that result from the fixation of a series of musical, spoken or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Copyright in a sound recording protects the particular series of sounds fixed in the recording against unauthorized reproduction, revision, and distribution. This copyright is distinct from copyright of the musical, literary, or dramatic work that may be recorded on the phonorecord.

Phonorecords may be records (such as LPs and 45s), audio tapes, cassettes, or disks. The notice should contain the following three elements appearing together on the phonorecord:

1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice. Example: 1999 X.Y.Z. Records, Inc.

I have a question regarding the use of the (c) sign on recordings which are under license for manufacture and distribution.

My understanding is this - even if the company puts a (c) sign on the physical product (ie, the CD) they only own the copyright in the physical product. They do not own the copyright in the actual work that is recorded on the product.

Is this correct?