Intellectual property rights in musical works theoretically arise at the moment of creation. The ability to enforce these rights in the face of infringement, however, requires that artists fulfill specific registration requirements with the United States Copyright Office; this includes submitting a “copy” of the original piece. In Torres-Negrón v. J & N Records, L.L.C., the United States Court of Appeals for the First Circuit, addressing a matter of first impression, considered whether a copy of a song made without referencing the inceptive recording or lyric sheet qualifies as a “deposit copy” for registration purposes. Answering in the negative, the First Circuit determined that without some tangible reference to the original work, recordings constitute “reconstruction[s]” rather than copies, the former of which fails to satisfy the registrational prerequisite required to confer jurisdiction over an infringement action. . . .
Intellectual Property Law—Frustrating the Purpose of the Copyright Clause: First Circuit Restrictively Interprets Copyright Registration Requirements—Torres-Negrón v. J & N Records, L.L.C., 504 F.3d 151 (1st Cir. 2007)
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42