Page 3 of 4 FirstFirst 1 2 3 4 LastLast
Results 21 to 30 of 31

Thread: New copright issue!

  1. #21
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Sign in to disable this ad
    Quote Originally Posted by TAE View Post
    From the Distrokid website on copyright...
    Be advised when using these, as this type of advice is often not shown in its full context, nor does it account for ones individual circumstances.

    This is not legal advice, and we are not your lawyer. But... under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is “fixed” or embodied in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the law.
    Required? No. Sufficient? Possibly. It depends on the level of protection you wish to receive.
    There are, however, certain advantages to registration, including the establishment of a public record of the copyright claim.
    ?? That's established regardless.
    Copyright registration must generally be made before an infringement suit can be brought.
    If and only if the claim is based on statutory infringement. If the plaintiff seeks actual damages it doesn't matter, and the claim can be brought at anytime.

    Timely registration may also provide a broader range of remedies in an infringement suit.
    Yes, if you miss your 90 day deadline after the date of publication, you miss your change to sue on a statutory basis.
    Last edited by jkuehlin; 11-21-2017 at 10:24.

  2. #22
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Quote Originally Posted by Chili View Post
    The poor man's copyright doesn't work in the US.
    Correct.

  3. #23
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Quote Originally Posted by TAE View Post
    the key in defending / proving that it is yours...and here's how I can prove I created this version on X date in time...
    There is much more required than merely proving you created something at a certain time. And this misconception is part of why the poor man copyright fallacy is mistaken for being an actionable claim in the U.S. courts.
    Last edited by jkuehlin; 11-21-2017 at 10:28.

  4. #24
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Quote Originally Posted by Chili View Post
    Well, disagree with me all you want, but the US copyright office says there is no basis in US law for the poor man's copyright. So when the judge goes to determine who owns the song, he's not going to open your envelope, he is going to see who registered the song with the copyright office first... you or the thief. Then he's going to determine how different the two versions are and whether they actually are the same song or not. This is where your millions in the bank pay off, ala Led Zeppelin.
    This is absolutely correct. That envelope wouldn't even make it to the judge's desk. I've never had this happen, but if some dip-shit amateur tried to pull this poor mans nonsense with me, it ONLY COULD enter the court at the state level. I'd immediately change venues based on a federal question motion. The federal court will automatically not recognize the poor man envelope, and I'm certain it could be challenged and dismissed on the basis of relevancy in the preliminary hearings. Here's some other incorrect shit I've heard in the past - 'its federal because the US post office is federal'. Nope. The opposing party doesn't get to invoke a copyright that doesn't exist simply because they used the postage stamp, a notary, or some other type of method they mistakenly believed to validate a nonexistent copyright.

    To open another line of discussion... The only time I think there would ever be a copyright infringement with the home recording crowd is when the songwriter brings the song to his band and the band thinks they get songwriting credit for it. "Dude, I played on that track, I should get credit for writing my guitar riff."
    That's interesting to think about. I could a home recording C&D served on the basis of 'fair use', but other than that, its awfully difficult to imagine a full fledged lawsuit arising from an actual music project here ;D
    Last edited by jkuehlin; 11-21-2017 at 10:26.

  5. #25
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Quote Originally Posted by TAE View Post
    I don't disagree with that statement, I disagree that a poormans copyright is useless.
    That's a distinction without a difference. In the US, poor mans copyright is sufficient to show you own a piece of paper in an envelope. It is explicitly INSUFFICIENT to claim any rights to the intellectual property WRITTEN ON the piece of paper.

    You can't even GET the paper into a federal court. FRCP rules of evidence WILL NOT ALLOW IT. It is indeed useless.

    You can not sue someone in the U.S. without a copyright...this is a fact.
    You can sue anyone for anything. Just in your case, the claim has no merit.

    How do you get a copyright? You prove you have a unique creation and that you created it on X date...It's ridiculous that the basis of saying a poormans copyright has no value is that there is no case law where it was used to win a copyright infringement...No Duh.....That's cause you can't sue unless you have a U.S. copyright...
    Dude. If you're gonna cite precedent, then quit rambling and cite it.

  6. #26
    Join Date
    Oct 1999
    Location
    Covina in So Cali
    Age
    65
    Posts
    2,731
    Thanks
    122
    Thanked 241 Times in 206 Posts
    Rep Power
    21464858
    YO jkuehlin


    Let me repeat myself........If you don't get it within these lines we won't be finding any common ground.....



    You can not sue someone in the U.S. without a copyright...this is a fact.

    How do you get a copyright? You prove you have a unique creation and that you created it on X date...It's ridiculous that the basis of saying a poormans copyright has no value is that there is no case law where it was used to win a copyright infringement...No Duh.....That's cause you can't sue unless you have a U.S. copyright...

    The devil is in the details...

    I have been involved in copyright litigation on the side of the infringer..( not in music but in another type of infringement ) I know what it takes to get a copyright and get a patent as I have been involved in both.

    So that all said...let's walk this through Joe mama steals my song and lyrics and copyrights it..I call Joe and say you low life mofo you stole my song...and he laughs and says tough luck sucker you snooze you lose..it's copyrighted under my name.....

    Well if it was only so easy...it isn't

    I contact the Copyright office and inform them that Joe's copyright is invalid because I wrote that damn song and I've got proof....I've been down this road and I know how it works...

    Remember "proof of the pudding"...I send the examiner at the copyright office via registered mail my poor mans copyright still sealed in a registered letter. These examiners are honest realistic folks and they pride themselves in making sure every copyright they issue is legit and worthy of being protected...If it is found after the fact it isn't it is invalidated...

    So I prove to them that the song indeed is my song and I deserve the protection not Frickin Joe Mama and I pay the fees necessary to do that...Now I can go sue Joe for all the dough he made selling my tune in court...

    Now I used the poorman's copyright as the example because that's what this topic turned to....but as I said earlier in this post I am not a fan of the mail yourself a registered letter...No, I say make digital copies ....e-mail the copy to your friends and families letting them know that this is your latest creation and hell e-mail one to the copyright office for that matter...after you do that upload them on the sites I mentioned with the same information thus digitally documenting you created this song on this date for perpetuity...I am not a lawyer but I am damn certain the copyright office or judge will accept that digital proof of the creation date...that's all you need is proof of the original creation release date. Any copyright can be invalidated with that proof and a copyright granted with the same

    The odds of most of us ever being in this situation is probably 1 in 100,000 or even more...why in the heck should we collectively contribute the the Copyright offices general fund to the tune of millions of dollars for such a miniscule chance we win the lotto...when based upon what I just explained with solid proof you can get your song copyrighted when the time comes to sue somebodys ass for stealing you song...

    I'm a practical cheap ass who watches his money closely... If what I say doesn't make you feel warm n fuzzy and you feel you really have half a rats ass chance that your song is worth the investment of time and money to get it "officially copyrighted" go for it...I'm not going there till (LOL) Joe Mama steals my song and starts making money off of it...
    Last edited by TAE; 11-21-2017 at 12:55.

  7. #27
    Join Date
    Oct 1999
    Location
    Covina in So Cali
    Age
    65
    Posts
    2,731
    Thanks
    122
    Thanked 241 Times in 206 Posts
    Rep Power
    21464858
    Quote Originally Posted by the copyright office
    This is not legal advice, and we are not your lawyer. But... under the present copyright law, which became effective January 1, 1978, a work is automatically protected by copyright when it is created. A work is created when it is “fixed” or embodied in a copy or phonorecord for the first time. Neither registration in the Copyright Office nor publication is required for copyright protection under the law.
    Quote Originally Posted by jkuehlin View Post
    Required? No..
    Correct

  8. #28
    Join Date
    Oct 2005
    Location
    Ranelagh Tasmania
    Age
    68
    Posts
    7,714
    Thanks
    195
    Thanked 581 Times in 471 Posts
    Rep Power
    21474857

  9. #29
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Quote Originally Posted by TAE View Post
    YO jkuehlin

    I am not a lawyer
    I can tell. You could have stopped there.

  10. #30
    Join Date
    Mar 2016
    Posts
    413
    Thanks
    1
    Thanked 37 Times in 32 Posts
    Rep Power
    76584
    Look, without being ugly about this, I do not care about your experience. It is COMPLETELY irrelevant. The only meaningful information you could possibly attempt to provide, is why you think the document is admissible. NOBODY CARES ABOUT YOUR EXPERIENCE. If you bother to respond, cite law, and only law.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Routing issue or Interface issue??
    By wannaknow in forum Newbies
    Replies: 2
    Last Post: 10-22-2011, 08:50
  2. Copright Question about Video Game Cover (MGS)
    By cpmusick in forum Newbies
    Replies: 10
    Last Post: 07-02-2008, 17:32
  3. Cubase-specific MIDI issue, probably only an issue because I'm a noob...
    By xgarmothx in forum Steinberg / Cubase User Forum
    Replies: 9
    Last Post: 07-03-2007, 21:50
  4. Delta 1010 generated heat - issue or non-issue?
    By hand in glove in forum Digital Recording & Computers
    Replies: 1
    Last Post: 08-08-2006, 10:05
  5. Copright issues
    By kq300325 in forum MP3 Mixing Clinic
    Replies: 4
    Last Post: 06-17-2005, 13:22

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •