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Thread: New copright issue!

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    New copright issue!

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    I copyrighted all 4 of my albums the same way, as music collections, US Copyright office, using the online form, submitting audio files of each song.
    Most recent one was one late last year and I got the copyright registration back in the mail about 2 months later.

    So today I get an email from the US Copyright office asking:
    ' --- Please tell us if there is a CD
    release of this work, or if it is a digital only release,
    and we will advise you further on Copyright registration'

    And I replied, that it has been released as a CD, but non-commercially.

    And I get a response right back telling me I need to mail in 2 copies of the CD to them or the 'application will be closed'. I replied back this evening that I was copyrighting the collected music works, not the published CD.

    Will see what they reply tomorrow.
    Mike B My new album on CD Baby: Fact and Fiction
    My Bandcamp site: http://mikebirchmusic.bandcamp.com

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    Keep us apprised of any developments.
    Michael Rideout - Yamaha YPT-400/PSR-E433/PSR-E443/PSR-EW400/MX49BK; M-Audio Axiom 61-II
    Acoustica Mixcraft; PreSonus Studio One; Steinberg Cubase; etc.

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    Did you use the PA form or the SR form? Makes a difference.

    When the copyright office says "Release", I wonder if they mean "Published". If you offered your music out the public (which you did), that meets the definition of Published. There is no criteria for commercial or non-commercial. CD Baby counts. So, if you used the SR form and the work is published (which it is....), you need to send a CD or two to the library of congress. How cool is that???

    And if my thinking is correct (which it is), money or price doesn't matter. You can give it away (give it away, give it away now) and as long as you put it out to the public, it's considered published. Whether you make a dime or not.

    Now, if you are copyrighting the "collective works (which is cool), you had to use the PA form. The SR Form copyrights the sound recording and the underlying content, but that's not considered a "Collective Work". Although the songs are registered under the SR and they are protected, it's not the same thing as a collective body of work. But that's okay, the SR form is good to go. (I'll admit, I'm not entirely positively sure about collective works can only be filed using the PA Form, but I'm like 85% sure)

    Just my opinion
    Not a lawyer
    blah blah blah.

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    I definitely did it as a 'collective work'. I'll send the CDs if I have to, just never had to do it before.
    Mike B My new album on CD Baby: Fact and Fiction
    My Bandcamp site: http://mikebirchmusic.bandcamp.com

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    They asked the same thing of one of my releases a few years ago. I automatically sent them two copies with my current release. Just noticed the other day the $55 charge so it looks like it's been approved and in-process. I don't mind sending them the CDs, it only solidifies the copyright IMO.
    Boogeymen Productions
    www.boogeypro.com

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    Quote Originally Posted by mjbphotos View Post
    I definitely did it as a 'collective work'. I'll send the CDs if I have to, just never had to do it before.
    The way I think it works is if you filed a PA form as a collective work, then you just upload the individual songs. If you filed the SR form for the CD and the individual songs, then you need to send in the CD. Remember, with the SR form, you're registering the CD... The song order, the performance of each song, the space between the songs, the performers of the song. If you change any of those, like if you change the order of the songs, then you would need to register it as a new CD.

    I am like 95% sure that is how it works.

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    Quote Originally Posted by Chili View Post
    The way I think it works is if you filed a PA form as a collective work, then you just upload the individual songs. If you filed the SR form for the CD and the individual songs, then you need to send in the CD. Remember, with the SR form, you're registering the CD... The song order, the performance of each song, the space between the songs, the performers of the song. If you change any of those, like if you change the order of the songs, then you would need to register it as a new CD.

    I am like 95% sure that is how it works.
    Mmmm....not really, unless they drastically changed it.
    SR is for sound recordings...which doesn't necessarily imply a physical CD.
    I registered a few individual songs, using SR a few years back...and all I had to do was upload the audio file per song.
    No one ever asked for any CDs.
    I think doing it as a "collective work" is where things get weird.

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    Well, now you're going to make me dig through all those circulars and prove myself wrong.

    (yes, that was a joke, I'm never wrong )


    I think this applies....
    Quote Originally Posted by Copyright Excerpt
    Published Works    For a musical work first published in the
    United States on or after January 1, 1978, the deposit generally
    is two complete copies of the best edition.
    Only one deposit is required for musical works that are
    • published only on phonorecords (tapes or discs), unless
    the claim includes the sound recording
    , in which case, two
    phonorecords are required as the deposit;
    • published by rental, lease, or lending (where there is a
    score and individual parts, only the score is required); or
    • published as a single contribution to a collective work, for
    example, a hymn from a hymnal.
    Again, if Mike used the SR form, I believe he has to submit 2 CDs.

    LINK HERE

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    Latest email asked if the release was CD-Rs copied at home or CDs. I replied CD-Rs from Kunaki ... I'm off the grid for the next few days, will let you know what they say.
    Mike B My new album on CD Baby: Fact and Fiction
    My Bandcamp site: http://mikebirchmusic.bandcamp.com

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    Quote Originally Posted by mjbphotos View Post
    Latest email asked if the release was CD-Rs copied at home or CDs. I replied CD-Rs from Kunaki ... I'm off the grid for the next few days, will let you know what they say.
    I think they were asking this to determine if you were passing CDs out to friends or offering them for purchase online. Kunaki is a distributor so you are distributing (I also use Kunaki).
    Boogeymen Productions
    www.boogeypro.com

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