Copyrighting - Some issues

[Seafroggys]

Okay, I have some questions about copyrighting CD's, since Google isn't very helpful.

So I copyright a CD. Pay $35 to the US Copyright office, send it in, la de da. I have to send them the CD though. Which means, how can I print a copyright on the CD if its not even copyrighted yet? Do I do it anyway with the assumption that it will get copyrighted?

Also, I want to get a copyright for my business, as opposed to my name, but my 'business' is not a registered business *yet*. Can I still do this?

[gecko zzed]

The moment you convert your musical ideas into material form (e.g. a CD) you have created a piece of intellectual property which is yours. Ownership is vested in creation automatically. (There are some exceptions, such as when you are composing on commission and there is an agreement about ownership, but that is not the case here, I assume.) The process of copyrighting material is the means by which you register your ownership. It doesn't create that ownership; it just safeguards it.

So you can print copyright on the CD whether or not you register it with the copyright office.

Your next question deals with a 'trading' or 'business' name, correct? You can trade under whatever name you want. However, unless you register this name (which is similar to, but not the same as copyright; you can copyright a trademark, but not a business name), you could find yourself in trouble if someone else has already registered the name. There also may be US laws that prevent you trading under a name unless you do register it. I don't know the process in the US, but in Australia you would have to register the name with a Corporate Affairs office. Here you can also get them to do a search to see if the name is in use. You may find that there are restricitions on what kind of name you can register. For example, you may not be permitted to use profanities in the name.

[Chili]

GZ has it right about copyrights and mostly right about tradenames and doing business in the US.

For copyrights, you already own your copyrights, sending in your $35 and cd is just registering that ownership. Go ahead and put the little circle-c and circle-p on your cd. Make copies, sell, have fun.

For a business name, in most states if not all, when your personal name is not in the business name, then you have to register a "DBA", Doing Business As. This is called a fictitious name and you can have the same fictitious name as another business. If you start a new corporation, that name has to be different than any other corporation in your state. Every business has to be registered, either by starting a corp. or registering a fictitious name.

If you don't want anyone else to share the same business name as yours, then you have to register that name with the Trademark and Patent office.

I think I got that last part right, but maybe not.

[Mindset]

Registering, gives you government laws that can back you in court if someone tries to infrindge. Now if you don't register, you would have a hard time fighting in court that the material actually belongs to you. Copyrighting a CD full of songs does not copyright each song.

And in the U.S. commonly known as Doing Business As (DBA) @ your nearest clerks office.

[Supercreep]

Originally Posted by Mindset

Registering, gives you government laws that can back you in court if someone tries to infrindge. Now if you don't register, you would have a hard time fighting in court that the material actually belongs to you.

This makes sense, thanks. But it seems at odds with this:

Originally Posted by Mindset

Copyrighting a CD full of songs does not copyright each song.

Why is this so? Wouldn't this be beneficial should someone try to steal the a song represented on the disc?

Also, when reproducing a CD, I am required to submit a signed declaration that all of the material on the disc does in fact belong to me and is my sole property at the time of signing.

Useless?

[Chili]

Originally Posted by Mindset

Copyrighting a CD full of songs does not copyright each song.

Originally Posted by Supercreep

Why is this so? Wouldn't this be beneficial should someone try to steal the a song represented on the disc?

Maybe this link can answer your question....

http://www.copyright.gov/circs/circ56a.pdf

[Seafroggys]

Glad this thread is around. I've already "registered' with the copyright office, but I'm waiting for my CD's to ship so I can mail them two copies as required.

As far as the album vs. song debate, my album is a one-song album, so I don't need to worry about that

[Chili]

Originally Posted by Seafroggys

As far as the album vs. song debate, my album is a one-song album, so I don't need to worry about that

Not true, according to the link I posted from the copyright office. Unless you're in a different country with slightly different laws... then I don't have a clue what I'm talking about.