Stupid copyright question

[TelePaul]

Hi guys, bear with me on this one, Im asking on behalf of a friend.

Shes just after selling a few of her bands' tracks via an independent online music portal.

Now this is where it gets complex. Where do things stand regards copyright? Shes worried that someone will download there song and claim it as their own (presumably because theyre not well enough established to be protected by reputation alone).

To me, that sounded like nonsense, but she'd like some assurance. I thought Id maybe get a further opinion on it?

Thanks guys

[mjr]

Originally Posted by TelePaul

Hi guys, bear with me on this one, Im asking on behalf of a friend.

Shes just after selling a few of her bands' tracks via an independent online music portal.

Now this is where it gets complex. Where do things stand regards copyright? Shes worried that someone will download there song and claim it as their own (presumably because theyre not well enough established to be protected by reputation alone).

To me, that sounded like nonsense, but she'd like some assurance. I thought Id maybe get a further opinion on it?

Thanks guys

She's right, to a point. Unless she has the original file and can prove that the song(s) is (are) hers.

Check www.copyright.gov for more info, but to be safe, she might want to go ahead and register the copyright. She could just copyright the whole compilation, as something like "X's Demo" (or whatever).

[warble2]

I'd register the recording with the USCO using Form SR. The link for this process is on the page that mjr linked to, but I'll post it here too:

http://www.copyright.gov/register/sound.html

Just have her follow the directions on the page. It's not a hard process, but it will cost $45.

I've done this for two recordings I've done so far, and I feel it's worth it.

[TelePaul]

thanks a lot guys...i think she has the master tapes anyways, but ill pass it along.

[Albertm]

warble correct with Form SR. Though I've heard of people who couldnt afford the fee to mail the song to themselves in sealed package. The postmark proves date of recording..and that should fall on the tape sealing the end. Little extra proof.

[BentRabbit]

Originally Posted by Albertm

warble correct with Form SR. Though I've heard of people who couldnt afford the fee to mail the song to themselves in sealed package. The postmark proves date of recording..and that should fall on the tape sealing the end. Little extra proof.

The only way to legally prove copyright in the US is to register your works with the Copyright office.

Period.

People mailing a copy of the works to themselves and winning infringement cases is a wives-tale... It has never happened and the 'poor man's copyright' WILL NOT HOLD UP UNDER LEGAL SCRUTINY.

Number one: According to the Copyright office, "before an infringement suit may be filed in court, registration is necessary for works of U.S. origin." ( http://www.copyright.gov/circs/circ1.html#cr ) Meaning, you won't even get your case before a judge if you haven't registered.

Number two: I just mailed a couple dozen empty envelopes to myself at various dates and now each of them has a postmark. I can now put whatever I want into them, whenever I want, and say that they were created on the postmark dates... In case I find a song or two I like in the future...

The 'Poor Man's Copyright' will not hold any legal water...

Period.

[Dogman]

If she's really worried about it, she needs to go through the proper procedures to copyright the music herself.

Yup, real simple, I just copyrighted one of my songs.

Form SR, mark it down as you copyrighting "musical arrangement, sound recording, lyrics" etc. That way, both the sound recording and underlying music is copyrighted.

$45 fee is a bitch though!

[bewildered]

Stupid copyright question

your right, copyright is stupid.

[warble2]

Originally Posted by bewildered

your right, copyright is stupid.

Why is that? Enlighten my mind with your great wisdom...

[TelePaul]

Originally Posted by bewildered

your right, copyright is stupid.

question was stupid, not the concept.

[antispatula]

get it copyrighted right away. It is possible for someone to steal it, then copyright it before she does.

[zacanger]

It's at $45 now? Gross. I've most of my recorded stuff copyrighted.