SR copyright

dobro

dobro

Well-known member
I understand the difference between 'published' and 'unpublished' work in the SR copyright. But what's the significance and what's the point in claiming that the work is 'published' (ie you're selling CDs) if you're a homer and what you sell amounts to small potatoes? How important is it in terms of the copyright registration? Does it offer any protection? Does it invalidate the copyright registration if you say 'unpublished' and then sell some stuff? What's the point of it?
 
I think once it's published that nobody has to ask your permission to play it. They are just responsible for the proper royalties (that you may never see).

Also that "SR" is a bit deceiving. Sound recording refers to sound effects, tones, samples etc. A lot of people confuse that because they are sending in a sound recording.

Most of the music, songs, poems, lyrics, should be done on the PA form. If you're the only one claiming copyrights you can use the short PA form.

Joe
 
Dobro is actually distributing a cd, which is a sound recording. I'm not sure how he views it with regard to publishing. That in itself is a different deal......there seems to be a fine line there, where Dobro is actually the "publisher", but not a registered publisher. Where does he stand with regard to the copyright laws? Maybe he can make sense of the publication I referred him to. It's possible that it doesn't even apply to him.



bd
 
When you register the copyright of a Sound Recroding with form SR, you (usually the record company) are registering the actual recording - the actual sounds on the disk. You are not registering nor claiming copyright to the songs as a writer or publisher.

Short answer -- This registers the sound recording so you can recover damages if someone makes large amounts of copies of the recording and sells them (ie. bootlegs).
 
I was assuming from dobro's original post that the PA copyright was already taken care of.
Unless I'm mistaken, he was asking about form SR and the terms "published" and "unpublished".
Since it sounds like dobro is not a registered publisher, and he is selling his cd's, does that mean his songs are published in the eyes of the copyright office?
I didn't know the answer to that, so I referred him to the above publication.
I could be wrong.




bd
 
Okay, I phoned the LOC and asked them what the significance of 'published' 'unpublished' was. The guy I got was more or less unhelpful. He seemed to suggest that since I hadn't actually sold any copies of the album so far, I should register it as 'unpublished', but when I told him that:

a) I wanted copyright protection for the recording

b) I was intending to sell the album immediately, so

c) which form of copyright (published or unpublished) would suit my case best

he seemed completely baffled. He 'couldn't really say'.

Now, the LOC does a *lot* of business. So, why do they have a fuckwit on the phone who can't answer questions that they must get about 20 times a week?

Here's an even better question: anybody have any idea where I can get an answer to my question?

And here's an even better question yet again: if the LOC is so completely up its own ass that it can't answer simple questions over the phone, do you think that the service they offer is worth anything? Sheesh.
 
Dobro, please tell me that you are doing PA registrations as well.

You are, right?



Just like any other company, you get the flunkies on the phone. Try not to confuse the poor kids over in D.C.

Their "service" is nothing more than registering and cataloging information. What else do you think they do? Besides steal CD's to add to their home collection?
 
Dobro,
Did you read the publication I referred you to?
Uh.......you're not gonna get much over the phone.
Listen, I have to go to the copyright office in a few days, if you want me to, I'll talk to someone in person. Just say the word.



bd
 
Brad - yeah, I did a PA registration for the songs first. Now, I'm doing an SR registration. However, my understanding is that an SR covers both the recording AND the songs at one shot. And yes, I was being harsh, and now I've forgiven that guy who I spoke to. :)

bdbduck - yeah, I read it, and I think this bit answers my question:

"All works under copyright protection that are published in the United States are subject to the mandatory deposit provision of the copyright law.

This law requires that 2 copies of the best edition of every copyrightable work published in the United States be sent to the Copyright Office within 3 months of publication."

Since I'll be selling copies to Americans (selling = publishing), I'm required to register the work as 'published' and provide them with 2 phonorecords of the work.

Thanks for pointing me to that. :)
 
An SR does NOT cover the songs and the recording in one shot.

PA is for the songs -- protects the writer and the publisher.

SR is for the sound recording - protects the record company (and, to a certain extent, the performing artist).
 
Yeah, that's pretty much implyed by the sentence:

All works "under copyright protection" that are PUBLISHED in the U.S. are subject to the mandatory deposit provision of the copyright law.

Besides, he said he registered PA already.


bd
 
O Maguire, you may be right, but here's what it says on the first page of the SR copyright registration form:

"Use Form SR for registration of published or unpublished sound recordings. It should be used when the copyright claim is limited to the sound recording itself, and it may also be used where the same copyright claimant is seeking simultaneous registration of the underlying musical, dramatic, or literary work embodied in the phonorecord."

It sounds to me like 'simultaneous registration of the underlying musical... work embodied in the phonrecord' means the songs themselves, rather than and addition to, the recording.
 
dobro said:


It sounds to me like 'simultaneous registration of the underlying musical... work embodied in the phonrecord' means the songs themselves, rather than and addition to, the recording.
Click to expand...

True, true. As long as notes are made to that effect on your registration form in the proper places - it doesn't automatically cover the underlying musical work. It is also easier if all of the songs have the same author and same publisher (claimant) - it starts to get wordy and confusing if the sound recording contains songs written by different writer and/or published by different publishers.
 
dobro -

The key words are --"same copyright claimant."
For what you are trying to do, you are absolutely right (if all the songs on the CD are yours). The SR form would have been enough.

In most circumstances, the record company is the claimant for the sound recording.
 
Yeah, I almost get the feeling that the procedure is set up in a way that's got the record companies in mind primarily.
 
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