Can you file group registrations for musical works with the U.S. Copyright Office?

If you’re an artist or producer looking into filing copyright registration applications for your catalogue, chances are, you don’t want to pay a filing fee to register every single one of your works. The U.S. Copyright Office offers group registrations (where you register multiple works with one application and filing fee) for certain, eligible groups of work.

The short answer is, you may be able to file either a Group Registrations for Works on an Album of Music (GRAM) or a Group Registration for Unpublished Works (GRUW). GRAMs are for albums of music of up to 20 works (either the music compositions or masters) that were all published on the same date (with limited exception for singles), have the same or common author(s), and have the same claimant or co-claimants. GRUWs are for up to 10 unpublished (never made available to the public by distribution or offered to a group to facilitate distribution or performance) works that have the same or common author(s), and have the same claimant or co-claimants.

Group Registrations for Works on an Album of Music (GRAM)

You can file a group registration for published (1) musical works published on the same album, and/or (2) sound recordings (and any accompanying artwork or liner notes) published on the same album. The works registered with these applications must meet certain eligibility requirements.

1.     All Works in the Group are Either a Musical Work or Sound Recording

The two types of GRAM applications are for either groups of musical works or groups of sound recordings. You cannot register a sound recording in the “Musical Works from and Album” application. You cannot register a musical work in the “Sound Recordings from an Album” application.

A musical work is the music itself (the melody, rhythm, harmony, and any lyrics). A sound recording is the recording of a particular performance of the musical work. Unless a track has been written but not recorded, it is going to have both a musical work copyright and a sound recording copyright.

2.     All Works Published on the Same Album

For the GRAM applications, an “album” is a single physical or electronic unit of distribution that contains at least 2 musical works or at least 2 sound recordings embodied in a material object in which sounds are fixed and communicated.

For example, an album here can be:

  • A physical EP, LP, or mixtape;

  • A digital album offered for download with or without a corresponding physical album; and

  • A fixed playlist of tracks released to the public through a streaming or downloading service on the same date.

3.     The Group Must Be No More Than 20 Works

The GRAM application also requires the submission of minimum 2 and maximum 20 works.

4. All Works Published in the Same Time and Country

Generally, all works submitted on the GRAM applications must be published in the same album, on the same date, and in the same country.

There is a limited exception to the publication date requirement for previously published works (such as singles). These works can be included in the GRAM application if:

  • The previously published track is the exact same as the track published on the album; and

  • The previously published track is expressly claimed in the GRAM application in the “Note to Copyright Office” section.

5.     All Works Have the Same or Common Author?

All of the works submitted in a GRAM application must have been created by the same author, created by the same co-authors, or have a common author. For example, an album has the same author if every work was created by author “A.” An album has the same co-authors if every was created by authors “A” and “B.” An album has a common author is author “A” was a creator on every work.

In the below example track list, “A” is a common author on tracks 1 through 4 but not on track 5. Track 5 could not be claimed on a GRAM application. Note that if the author is named as the claimant (which is likely true if you’re an independent artist), then only works created by the same author can be claimed in the GRAM application (discussed further the claimant section below). This means that in the below example, only tracks 2 and 3 would be claimable on a GRAM application. The other tracks would be registrable, but on separate applications.

Track Author

1 A

2 A & B

3 A & B

4 A & C

5 B & C

6.     All Works Have the Same Claimant or Co-Claimants

The claimant is the person or entity that owns the copyright and enjoys the exclusive rights relating to the works being registered. The claimant in GRAM applications can be the author(s) of all the works in the group being registered or the person or organization that has obtained ownership of all exclusive rights from the author(s) for all of the works in the group.

In any event, the claimant(s) listed in the GRAM application must be the same person(s) or organization.

If the author or co-authors are named as the claimant, all of the works in the group must be created by the same author or co-author. In other words, the row and columns need to match exactly. In the below track list example, tracks 1 and 2 can be claimed on a GRAM application because the authors and claimants are the same. Track 3 could not be claimed on the same GRAM application despite the fact that author “A” is a common author because the authors (and claimants) are not the exact same. The track would need to be registered in a separate application.

Track Author Claimant

1 A & B A & B

2 A & B A & B

3 A & C A & C 

If the claimant is not an author, they can be named as a claimant in a GRAM application as long as they own all of the exclusive rights.

Group Registration for Unpublished Works (GRUW)

GRUWs can be used for several different types of works including musical works and sound recordings. GRUWs have a separate set of eligibility requirements.

1.     All Works Must be Unpublished

Unpublished” in essence means that you never made the works available to the public through any means of distribution. Technically, publication occurs when copies of a work are distributed to the public or offered to a group for further distribution, public performance, or public display.

In the music context, this means that if you’ve released the music on any platform or through any Digital Service Provider (such as Bandcamp, DistroKid, or CD Baby) the work is published and doesn’t qualify for GRUW.

2.    The Group Must Consist of No More than 10 Works

GRUW applications also require the submission of minimum 2 and maximum 10 works.

3.    No Compilations, Collective Works, Databases, Websites, or Architectural Works

These types of works aren’t allowed for GRUWs.

  • Compilations are works created by selecting, coordinating, and/or arranging preexisting materials or data in an original way.

  • A Collective Work is a type of compilation where individual works are creatively selected, coordinated, and/or arranged into a larger work.

  • A Database is a compilation of digital information comprising, for example, data, information, abstracts, images, and maps, and arranged in a systematic manner and accessed only by means of an integrated information retrieval program.

  • A Website is a webpage or set of connected webpages available online. Neither entire websites nor individual pages can be registered with GRUWs.

  • Architectural Works are designs of buildings as embodied in any tangible medium of expression, including a building, architectural plans, or drawings.

4.    Works Must be the Same Type

All works in the application must be of the same type*:

  • Sound Recording;

  • Literary Work;

  • Work of the Visual Arts;

  • Work of the Performing Arts; or

  • Motion Picture/Audio Visual Work.

*There is an exception here for music. A GRUW can be used to register qualifying groups of sound recordings together with the unpublished musical work, literary work, or dramatic work embodied in each sound recording if

  • The author and claimant for each sound recording and work embodied in each recording are the same person or organization;

  • Both works are embodied in the same electronic file; and

  • “Sound Recording” is selected as the type of work in the GRUW application.

4.    All Works Have the Same Author or Co-Author

All works must have either the same author or share the exact same combination of co-authors. This is more strict than the GRAM common author requirement.

5.    The Author and Claimant Are the Exact Same for Each Work

The claimant does not need to match the author, but whatever combination of author and claimant exists for one work in the group needs to match for every work on the group to qualify for a GRUW.

Track Author Claimant

1 A & B A & B

2 A & B A & B

3 A & C A & C 

For example, in the above track list, tracks 1 and 2 would qualify for a GRUW because the authors and claimants are the same. Track 3 would not qualify for a GRUW with this particular group of tracks.

Both GRUWs and GRAMs also require correct completion of the application forms. More information about this and group applications in general can be found on the U.S. Copyright Office’s website.

If you’re not sure whether you can file a GRAM application, or you need helping with filing a GRAM application, we can help. Feel free to contact us or set up a consultation if you want more information about protecting your music.

Previous
Previous

Applying for International Trademark Registrations: Using the Madrid Protocol through the USPTO

Next
Next

Who Owns the Copyright? Why Creatives and Business Should be Familiar with the Concept of Work Made for Hire