Copyrighting question?

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mjr

mjr

ADD -- blessing and curse
Ok,

With the upcoming release of my debut CD, I need to know which copyright I should use. I know it's probably more economical to copyright the entire CD, but will that cover me completely, or will that simply cover the compilation?

Basically, my question is this:

Should I copyright my CD as a whole, or each individual song, and which form or forms do I need to use?
 
mjr said:
Ok,

With the upcoming release of my debut CD, I need to know which copyright I should use. I know it's probably more economical to copyright the entire CD, but will that cover me completely, or will that simply cover the compilation?

Basically, my question is this:

Should I copyright my CD as a whole, or each individual song, and which form or forms do I need to use?
Click to expand...
You should do it as a whole. The protection is just the same. Besides, who'd want to spend $30 per song?!?! You probably want the SR form, but I could be mistaken.
 
VesuviusJay said:
JOIN ASCAP!!!

http://www.ascap.org
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I've considered doing that.

Initially, though, my CD won't be getting ANY airplay at all, and probably won't have a bar code of any kind, so SoundScan won't be tracking it.

Now, if I were getting airplay or someone seemed interested in a "rights to one of my songs" kind of thing, I'd probably do that.

What are advantages/disadvantages to joining ASCAP or BMI?
 
Well for one I get discount at Guitar Center, Musicians Friend and others. It is not just for publishing either. You may want to do some research but it's free so you really can't beat that price. :P Also, there are some streamlined copywrite services they offer that are worth investigation. :)
 
well from my limited experience . . . and you must take this with a grain of salt -- BMI aint worth a crap!!!
unless you live in a city where they have a field office and actually are doing things

i have always found out about events they hold in NEW YORK and ATLANTA -- thats where their field offices are . . . but they actually told me that living in VA i need to stay in touch with their TENNESSEE office -- knowin full well that the tennessee office (at least a few years back when i worked with bmi) wasnt doin jack shit for hip hop artists
 
gullyjewelz said:
well from my limited experience . . . and you must take this with a grain of salt -- BMI aint worth a crap!!!
unless you live in a city where they have a field office and actually are doing things

i have always found out about events they hold in NEW YORK and ATLANTA -- thats where their field offices are . . . but they actually told me that living in VA i need to stay in touch with their TENNESSEE office -- knowin full well that the tennessee office (at least a few years back when i worked with bmi) wasnt doin jack shit for hip hop artists
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What about ASCAP, then?
 
i never even investigated ascap -- i was so pissed off wit BMI i stopped investigatin . . .
 
Which Copyright to Use.

mjr said:
Ok,

With the upcoming release of my debut CD, I need to know which copyright I should use. I know it's probably more economical to copyright the entire CD, but will that cover me completely, or will that simply cover the compilation?

Basically, my question is this:

Should I copyright my CD as a whole, or each individual song, and which form or forms do I need to use?
Click to expand...

Under the laws of Copyright, there are two separate and individual rights.
1. The copyright in the (Songs)
(2) The Copyright in the (Sound Recordings)

In your case you have an entire cd of how many songs? Unless you are the copyright owner of the songs only (Lyrics and Melody), Then you need to use form PA.

If you are the copyright owner of both songs and Sound recordings then you use form SR.

NB. Songs are defined as only the (Lyrics and melody ) and owned by the individual who created it.

Sound Recordings can be defined as the recorded perfromance of a musical composition. Its owned by the individual who financed the recording. its often referred to as the masters.

Let me know if you would like me to clarify some more?
 
Jeffery 6feet4 said:
Under the laws of Copyright, there are two separate and individual rights.
1. The copyright in the (Songs)
(2) The Copyright in the (Sound Recordings)

In your case you have an entire cd of how many songs? Unless you are the copyright owner of the songs only (Lyrics and Melody), Then you need to use form PA.

If you are the copyright owner of both songs and Sound recordings then you use form SR.

NB. Songs are defined as only the (Lyrics and melody ) and owned by the individual who created it.

Sound Recordings can be defined as the recorded perfromance of a musical composition. Its owned by the individual who financed the recording. its often referred to as the masters.

Let me know if you would like me to clarify some more?
Click to expand...

Yeah, I'm going to need you to clarify more. My CD will have 8 songs all written, recorded, etc. by me (so I want to own that copyright).

So what's the real difference in the two? I just want to make sure I'm protected and no one can claim copyright to something that's mine.

So what's the difference in copyrighting the lyrics & melody as opposed to copyrighting the "recorded performance"?

Thanks for your assistance!
 
im waitin for the answer myself, - i thought an SR kept you covered one way or the other!!!
 
mjr said:
Yeah, I'm going to need you to clarify more. My CD will have 8 songs all written, recorded, etc. by me (so I want to own that copyright).

So what's the real difference in the two? I just want to make sure I'm protected and no one can claim copyright to something that's mine.

So what's the difference in copyrighting the lyrics & melody as opposed to copyrighting the "recorded performance"?

Thanks for your assistance!
Click to expand...


The difference between a song and sound recording is as follows.

(Songs)
The Lyrics and melody is known as the musical composition. Ownership is attained by the individual who created the Lyrics and Melody. The songwriter in this case is the original copyright owner of the musical composition. This is protected for as long as you live and 70 years after you die.

Songs are what music publishers will be interested in. As a songwriter, you need to become a member of a performance rights organisation in order to receive royalties for the radio airplay and public performance of your songs. You can join Ascap, Bmi, or Sesac. the choice is yours.

(Sound Recordings)

The moment you take a song into a studio environment, you utilize the services of a music producer, a lead singer, back ground vocalists, musicians, engineer etc.

The song (Lyrics and Melody) is recorded and mixed down two tracks, this is known as a master recording. It is this master recording what is known as the "Sound Recording" and carries a separate copyright from the song. Sound recordings are protected for

However, what is important is ownership of the sound recording. The sound recording is owned by the individual that financied the studio recording session.

So in conclusion, if you are the individual who wrote the song as well as financied the recording sessions to have your cd album made, then you are infact the copyright owner of Both your songs and sound recordings.
 
ok - so i guess i was right --- all of the songs i have done have been "paid for" by me - when i went to the studio or b/c I paid for the equip that i now use in my home studio.
 
Jeffery 6feet4 said:
The difference between a song and sound recording is as follows.

(Songs)
The Lyrics and melody is known as the musical composition. Ownership is attained by the individual who created the Lyrics and Melody. The songwriter in this case is the original copyright owner of the musical composition. This is protected for as long as you live and 70 years after you die.

Songs are what music publishers will be interested in. As a songwriter, you need to become a member of a performance rights organisation in order to receive royalties for the radio airplay and public performance of your songs. You can join Ascap, Bmi, or Sesac. the choice is yours.

(Sound Recordings)

The moment you take a song into a studio environment, you utilize the services of a music producer, a lead singer, back ground vocalists, musicians, engineer etc.

The song (Lyrics and Melody) is recorded and mixed down two tracks, this is known as a master recording. It is this master recording what is known as the "Sound Recording" and carries a separate copyright from the song. Sound recordings are protected for

However, what is important is ownership of the sound recording. The sound recording is owned by the individual that financied the studio recording session.

So in conclusion, if you are the individual who wrote the song as well as financied the recording sessions to have your cd album made, then you are infact the copyright owner of Both your songs and sound recordings.
Click to expand...

I think I follow you. So since I wrote, and am recording/producing, etc. this whole thing myself, which form(s) do I need to use? Do I need to obtain the copyright ownership both ways, or just copyright ownership of the lyrics, or what?

I'm going to check out ASCAP & BMI. I'll probably sign up for one of them.
 
Jeffery 6feet4 said:
So in conclusion, if you are the individual who wrote the song as well as financied the recording sessions to have your cd album made, then you are infact the copyright owner of Both your songs and sound recordings.
Click to expand...

So I should file BOTH the SR and PA? Or will PA cover both? You should do a series of articles under this topic and post them here. It would help a lot of people IMMENSELY! I've been doing this for 35 years and STILL don't truly understand copyright process.

;)
 
mjr said:
I think I follow you. So since I wrote, and am recording/producing, etc. this whole thing myself, which form(s) do I need to use? Do I need to obtain the copyright ownership both ways, or just copyright ownership of the lyrics, or what?

A holder of both coprights in the song and sound recording, should use form SR to register. Form SR will Identify you as both owner of the song and sound recordings.

Yes its a good idea to join Ascap or Bmi, however they only collect and distribute royalties for the public performace and broadcasting of "Songs".

Within the copyright act owners of sound recordings are entitled to royalties for their sound recordings being broadcast via "Digital Audio Transmissions" such as internet and satilite radio. Ascap, Bmi and sesac are not authorised to collect royalties for "Sound Recordings".

Owners of Sound Recordings would have to become members of an organisation in the US called Sound Exchange. Sound Exchange is the organisation that collects and distributes royalties to Owners of Sound Recordings and Performers for the use of their recordings over Digital Audio Transmissions.

I hope Im not going to fast.
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This is the nice thing about ascap. They take all of that guesswork out. :P
 
I checked out ASCAP - it's free, but you need to meet the following criteria:

To become a writer member, you must be the writer or co-writer of a musical composition or a song that has been:

commercially recorded (CD, record, tape, etc.);


or, performed publicly in any venue licensable by ASCAP (club, live concert, symphonic concert or recital venue, college or university, etc.);


or, performed in any audio visual or electronic medium (film, television, radio, Internet, cable, pay-per-view, etc.);


or, published and available for sale or rental.


I guess I can't join since I don't meet any of the requirements above?
 
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