TMEP 1402.11(g): Recorded Entertainment Services

October 2017 Edition of the TMEP

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1402.11(g)    Recorded Entertainment Services

For entertainment services such as those rendered by a musical group, the performance must be live.  The recording of a live concert or studio performance is not considered a service of the performing group.  Similarly, performances for the sole purpose of recording are not considered services.  The production by another entity of a performance by a musical group for recordation would be a service, but an identification such as "live and recorded performances by a musical group" could not be accepted as a valid service identification unless the words "and recorded" were deleted.

Recorded entertainment usually takes the form of goods in Class 9, such as videotapes, audio cassettes, DVDs, CD-ROMs, etc.  This is consistent with the treatment of "distribution" of these products as goods and not services as discussed in §1402.11(f).

See TMEP §§1301.01 et seq. regarding the criteria for determining whether an activity constitutes a service.