Pre-1972 Sound Recordings

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CIRCULAR
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Sound recordings are the fixation of a series of sounds,
often of musical performances. Copyright law treats sound
recordings differently depending on whether they were first
fixed before, on, or after February 15, 1972. U.S. copyright law
protects sound recordings fixed on or after February 15, 1972.
For more information, see Copyright Registration of Sound
Recordings (Circular 56). Additionally, U.S. sound recordings
fixed prior to February 15, 1972 (pre-1972 sound recordings)
are protected, but in a slightly different way. While owners of
pre-1972 U.S. sound recordings have the same remedies for
unauthorized use as all copyright owners, there are unique
considerations for pre-1972 sound recordings regarding own-
ership, term of protection, unauthorized use, and establishing
full remedies. This circular focuses on the protection of U.S.
pre-1972 sound recordings, provides an introduction to these
concepts, and links to additional resources.
note: The Uruguay Round Agreements Act (URAA) granted
copyright protection in the United States to certain for-
eign pre-1972 sound recordings. Any copyright protection
afforded to foreign pre-1972 sound recordings runs parallel
to protection granted to U.S. pre-1972 sound recordings. For
more information about the protection of foreign pre-1972
sound recordings, see Copyright Restoration Under the URAA
(Circular 38B).
note: A sound recording is distinct from a musical composi-
tion for copyright purposes. For more information, see Copy-
right Registration of Music Compositions and Sound Recordings
(Circular 56a).
This circular provides an introduction1
to the federal remedies available
for owners of U.S. pre-1972 sound
recordings. Topics covered include:
• 	Who qualifies as the owner of a
pre-1972 sound recording
• 	What constitutes unauthorized use
• 	Exceptions and limitations to
unauthorized use
• 	Remedies available for
unauthorized use
• 	Term
• 	Submitting sound recording
schedules
The Office’s online database of indexed
pre-1972 sound recording schedules is
located on the Classics Protection and
Access Act website.
Pre-1972
Sound Recordings

Pre-1972 Sound Recordings	2
Ownership of a Pre-1972 Sound Recording
The rights owner of a pre-1972 sound recording is the person who, on October 10, 2018, had the
exclusive right to reproduce a sound recording under the laws of any U.S. state.
A rights owner may also be a person or entity who acquired these rights from the original owner
after October 10, 2018. A person may acquire ownership by any means of conveyance or by opera-
tion of law, including by will or passed as personal property by the applicable laws of intestate suc-
cession. When ownership has not previously been transferred voluntarily, the rights of the pre-1972
sound recording cannot be involuntarily transferred.
Unauthorized Use
An unauthorized use occurs when the pre-1972 sound recording is reproduced, distributed, adapted,
or publicly performed by means of a digital audio transmission without the authorization of the
rights owner.
The user of a pre-1972 sound recording, however, does not need authorization from the owner if
engaged in activity that:
• 	constitutes fair use;
• 	falls under the libraries and archives exception;
• 	falls under the first sale doctrine;
• 	is a specific statutorily defined public performance or ephemeral copy; or
• 	is covered by a statutory license.
In addition, the law provides an exception for engaging in certain noncommercial uses of pre-
1972 sound recordings that are not being commercially exploited. To qualify for this exemption, a
user must file a notice of noncommercial use with the Copyright Office after conducting a good
faith reasonable search and determining the sound recording is not being commercially exploited,
and the rights owner of the sound recording must not object to the use within ninety days of the
notice being indexed in the Copyright Office’s public record. For more information, including how
to file a notice of noncommercial use, see the Copyright Office’s website.
Term
Remedies are available to rights owners of pre-1972 sound recordings until ninety-five years after the
year of first publication of the recording, subject to additional periods. These additional periods are:
• 	For recordings first published before 1923, the additional time period ends on December 31, 2021.
• 	For recordings first published from 1923 through 1946, the additional time period is five years
after the general ninety-five-year term.
• 	For recordings first published from 1947 through 1956, the additional time period is fifteen
years after the general ninety-five-year term.
• 	For all remaining recordings first fixed prior to February 15, 1972, the additional transition
period shall end on February 15, 2067. Unpublished sound recordings fall into this category.

Pre-1972 Sound Recordings	3
Securing Remedies
The owner of a pre-1972 sound recording is eligible for the same remedies for unauthorized use as
copyright owners: actual damages, statutory damages, attorneys’ fees, and injunctive relief. Rights
owners are automatically eligible for actual damages and injunctive relief; however, to be eligible for
statutory damages and attorneys’ fees, U.S. rights owners must file a schedule with the Copyright
Office listing their pre-1972 sound recordings.
The Copyright Office then indexes the schedule into its online database, which sets the “index
date.” This date governs eligibility for statutory damages and attorneys’ fees, as these remedies are
only available for unauthorized uses that have occurred more than ninety days after indexing. While
this is the general rule, the next two sections highlight how the timing of statutory damage and
attorneys’ fees eligibility can be affected by amendments, supplements, and a notice of contact infor-
mation filed by a transmitting entity.
Full instructions on submitting a schedule are available on the Office’s website. In brief, to file a
schedule you must:
1. 	complete a schedule using the Office’s template, including at least the owner’s name, title, and
featured artist for each recording. If known and practicable, include the International Stan-
dard Recording Code (ISRC);
2. 	complete a cover sheet;
3. 	calculate payment. For current fees, see Copyright Office Fees (Circular 4).
4. 	indicate payment by credit card or deposit account; and
5. 	email the completed materials to pre72schedules@copyright.gov.
Amendments, Supplements, and Deletions
A schedule may be corrected or supplemented if the information was incorrect or omitted at the
time it was submitted to the Office. The operative index date for a given pre-1972 recording will
change only in the event that information in one of the statutorily required fields (title, featured
artist(s), and rights owner) is changed or amended.
In limited situations, a rights owner may request that the Copyright Office delete a pre-1972
sound recording from its database. The Office may delete a pre-1972 sound recording if (1) there
was a substantive defect about the sound recording in the pre-1972 schedule when it was filed; or
(2) upon a showing of good cause, at the discretion of the Office. The Office will keep a record of
removed pre-1972 sound recordings and a timestamp of when each deletion occurs.
Once the Copyright Office removes a pre-1972 sound recording from the Office’s database, it is
no longer considered “indexed” for purposes of eligibility to recover statutory damages and attor-
neys’ fees for the unauthorized use of that sound recording, or included in the Office’s database to
prevent a user from taking advantage of the noncommercial use exception.

Pre-1972 Sound Recordings	4
Notices of Contact Information and Transmitting Entities
On or after October 16, 2018 and before April 10, 2019, entities publicly performing pre-1972 sound
recordings by means of digital audio transmission as of October 11, 2018, could file notices of
contact information with the Copyright Office. If a transmitting entity filed a valid notice of contact
information during this time, to become eligible for statutory damages, a rights owner must send
the entity a notice that it is not legally authorized to use the pre-1972 sound recording. Statutory
damages then become available for any unauthorized use that occurs at least 90 days after receipt of
notice. For more information, see the Office’s website.
note
1. This circular is intended as an introduction to the legal remedies for owners of U.S. pre-1972 sound
recordings. The authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17
of the United States Code. Copyright Office regulations are codified in Title 37 of the Code of Federal
Regulations. Copyright Office practices and procedures are summarized in the third edition of the
Compendium of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regula-
tions, and the Compendium are available on the Copyright Office website at www.copyright.gov.

1 	U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.govCIRCULAR 57 REVISED: 03/2021
For Further Information
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and related materials are available on the Copyright Office website at www.copyright.gov.
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To send an email inquiry, click the Contact Us link on the Copyright Office website.
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By Regular Mail
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Library of Congress
U.S. Copyright Office
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Washington, DC 20559-6304