Copyrights

  • Thread starter Thread starter Whyte Ice
  • Start date Start date
Originally posted by Gidge
what I do is wait until I have a good batch and copyright all of them at once....record all of the songs on one tape or CD...name it WhyteIceCompililation1....note this title on the form, the tape or CD, and on each lyric sheet....it will only cost the price of one song ($30)...the next one can be named WhyteIceCompilation2 and so on, and so on.....
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I didn't know you could do that but I was also thinking if I can just register a trademark and all my songs could be registered under that trademark. Don't know if that can be done though.
 
Ok Tekker, heres the deal....today I mail myself an enevelope with a blank tape and a plain sheet of paper unsealed.....5 years later the single biggest musical hit of all times is making millions...i write down the lyrics on that plain paper, record my version of it on the cassette, drop them in the envelope, and seal it.....

Do you really think Ill win in court?

WhyteIce seems to be really passionate about his songs...you think he wants to copyright by a method that is "somewhat accepted"...the only acceptance that matters is the courts that will decide your fate...And Id bet there are RARE cases where that method held up in court...
 
Originally posted by Gidge
Whyte Ice, trademarks are more for registering company names, company logos, cool catch phrases like "Wheres the Beef".....
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I'd like to register a trademark under my bands name, I think that would work or maybe start up a little record company for myself.
 
Good point Gidge

Although you probably wouldn't even have to send the tape or piece of paper, just send the blank envelope to get the stamp then add a tape and lyric sheet afterwards. But do you think they would still run it through and stamp it if it wasn't sealed? What are the chances of them catching something like that?
 
Also you said that you have to have a copyright registered to be able to take it to court, but what if you had other eye witnesses (like from a concert) and/or an mp3 site and had the copy you mailed to yourself, ect. Would that be enough to take it to court, or does it "absolutely" have to be registered.
 
Tekker, youd have to ask the judge that....the way Im reading, it says I cant file suit unless I have a registered copyright.....

Whyte Ice, you may be able to register the bands name, but that wont protect your songs....
 
go to any mp3.com member page and you'll see, at the bottom:

Copyright notice. All material on MP3.com is protected by copyright law and by international treaties. You may download this material and make reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorized by the appropriate copyright owner(s).




http://www.mp3.com/gandolfi
<just dont listen to my stuff. its crappy and im re-doing it >


... so if i record something, and upload it to them, i have the same copywrite or similar to the one you pay for?

eddie
 
Okay, one more time...

I really suggest a search on this because it's been discussed on this BBS many times, but since you're here now:

The federal copyright laws are a codification of artists' existing common law rights, which have existed for centuries. They provide an orderly process for registering works and provide a forum in federal court for seeking relief against copyright infringement.

Each of us has a copyright on our songs that exists from the moment we create them. That copyright is infringed when somebody uses our songs without permission. In order to prove copyright infringement you have to prove, generally, that they had access to your song and that their version is similar to yours.

However, unless you register your copyright, you can't sue in federal court, which has big procedural and jurisdictional advantages. (It doesn't matter at all how long it takes to get a certificate; it's registered and protected the day the copyright office receives it.)

If you can't sue in federal court, you have to sue in state court. The idea of the "poor man's" copyright is that the postmark will prove that you have created your work prior to the time that someone else came out with it. It's evidence. That's all. It might be helpful, but it won't get you into federal court. By the way, if you can prove that your song was posted at MP3.com -- which you certainly can prove -- that would be evidence that's a hell of a lot more powerful than the postmark thing.

Don't tell anybody, but I'm a lawyer. Don't tell anybody this either, but I haven't copyrighted my songs yet. But I could represent myself. If somebody tries to publish my songs without permission, I'll make a lot more money from the lawsuit than from some measely royalty checks such that an unknown songwriter would receive! (so go ahead, make my day) But since you can't represent yourself effectively, copyright your songs -- anyone who can afford guitar strings can afford to do this -- and in the meantime, don't worry.

I think that about covers it. That'll be $500.
 
What do you call 1000 lawyers at the bottom of a river?....A good start.... All you non lawyers, get your copyrights....
 
I have never met a Lawyer that I liked and I do believe that I can represent myself "effectively".
 
I guess my last post goes in the category of no good deed going unpunished. You see, this is why I don't tell anyone I'm a lawyer.

Gidge, cheap shot, my friend, and I assume you noticed that your advice was the same as mine.

Royston, (1) when I said "represent", I meant in court, and some people can indeed represent themselves effectively, but it takes a huge amount of time and effort. Most people who try to do it themselves get wiped. (2) How do you know you never met a lawyer that you liked? Do you ask people for their bios before you decide whether to be nice to them? There are all different types of people who happen to be lawyers, and assuming that we're all snakes is no better that any other sort of prejudice.

Love, Slim
 
Yo Slim,

That was said as a joke...I have a few friends that are lawyers and you guys arent ALL bad.....I agree whole-heartedly with your comments....But I ALWAYS advise people to get it copyrighted no matter what, because us dipshits that dont know the law can get our ass handed to us in court if all we have in an envelope with a postmark.....

Hugs & Kisses, GIDGE
 
It's okay, Gidge, I know you meant no harm. You know, usually I laugh along with that stuff or try to understand where people are coming from or let it slide off my back. It's just that sometimes the image of being drowned, electrocuted, sent to hell, eaten by wolves, etc. doesn't seem so funny.........
 
Slim,

I understand and apologize....In my defense, I got the joke from "The Firm" which was written by....a lawyer....the defense rests....
 
li slim is correct guys. you got a copy of your music? you have a copyright. REGISTER so you can collect if your stuff is stolen. also get ascap or bmi or somethin like that. keep an ar-15 on hand also...........


CZAR
 
Re: Okay, one more time...

LI Slim said:
However, unless you register your copyright, you can't sue in federal court, which has big procedural and jurisdictional advantages.
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Uhh... Couldn't you get into fed court if you had an out of state defendant? :D

The idea of the "poor man's" copyright is that the postmark will prove that you have created your work prior to the time that someone else came out with it. It's evidence. That's all. It might be helpful, but it won't get you into federal court. By the way, if you can prove that your song was posted at MP3.com -- which you certainly can prove -- that would be evidence that's a hell of a lot more powerful than the postmark thing.
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Yeah. It's an evidentiary thing of proving you were the original author. The postmark thing helps you prove you were the original author, but Gidge pointed out a flaw. Thus, the MP3.com process is better evidence.

I think that about covers it. That'll be $500.
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Heh. A guy walks into a lawyer's office and asks the lawyer, "What are your rates?"

The lawyer answers, "$500 For three questions."

The guy says, "Isn't that kind of high?"

The lawyer responds, "Yes, and what is your third question?"

Heh.
 
Re: Re: Okay, one more time...

BBB said:
Uhh... Couldn't you get into fed court if you had an out of state defendant?
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Ok. 17 U.S.C. s411
Still would need to register first.


:cool:
 
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