For example, the written explanation or illustration of the idea may be copyrightable. Works containing no original authorship, such as standard calendars, rulers, lists or tables taken from public documents, consisting entirely of common or public information cannot be copyrightable. The Berne Convention is a multinational treaty concerning copyright protections. Federal copyright statutes often preempt many state intellectual property protections and other state claims, such as tort claims, e.g. conversion, civil theft, unfair competition or trade practices, etc. This means the federal copyright protections under certain circumstances can be pursued, but the state protections cannot.
Sound recordings are different from the underlying musical work, e.g. the musical composition.
In other words, the right to make CDs, albums, cassettes, etc. of the original sound recording. See the Copyright Infringement chapter of this booklet. Currently, most sampling problems are dealt with by contracts and agreements, not by the courts. The exclusive rights of the owner of copyright in a sound recording do not extend to the making or duplication of another sound recording that consists entirely of an independent fixation though such sounds imitate or simulate those in the copyrighted sound recording. Thus, the underlying musical work must be in the public domain or the band that is copying must have a license, compulsory or agreed, to use it.