I am aware that you can register a copyright for an entire cd at once BUT....

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Tucci

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Four members of my band contribute to our songs. Some of the songs are written exclusively by one person, some are written in different combinations of two of us, three of us, some by all four - we even have one song on which two ex-members of the band contributed, in addition to the four of us who are currently writing.

We don't have nearly enough money to register each song individually, but if I send in all of our songs at once we will have to share credit equally on all of the songs correct?

So what happens when Natalie Cole wants to cover one of these songs, and it happens to be one that our trumpet-player wrote all by himself? He probably isn't going to be happy if the royalties for his song are being split up among the four of us. I suppose we could sign a separate agreement among ourselves allowing for this eventuality.

I know that Paul McCartney and John Lennon shared credit on all of their songs even on the songs that were written by only one of them. That's why Yoko Ono collects royalties for "The Long and Winding Road", even though John didn't write even a little bit of that song.

Appreciate the help,

Tucci

I am going to post this in the Songwriting forum also, that's probably where I should have started.
 
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I'd say if you were concerned about who gets what for song credits and royalties, draft a contract of who did what for each song and how royalties would be divided amongst the band, sign and date it and make copies. If you want to get more official take a contract to a lawyer. I personally don't know what the normal laws are on this, but a written agreement between you all should override it.

Also, you can "unofficially" copyright something by mailing a copy of it to yourself. If it's a CD, I'd make sure to send a lyrics sheet with it. It seems ridiculous, but it works and it's cheaper.

-Sal
 
Actually, it doesn't work. That is sort of a musical urban legend that, to the best of my knowledge, has never prevailed in any legal way. If you want true copyright protection, you should really do it the right way. Many argue that even then you don't really have protection unless you have the money to hire a lawyer capable of defending your claim.

However, the idea of drawing up a contract between band members is a good one.

You should also consider this: copyright your own collection of songs. They don't have to be commercialy released. Just burn a CD of your best 15 songs and call the "Best of Tucci". Let each band member be responsible for his own songs.

Aaron
http://www.aaroncheney.com
 
Thank you much

Appreciate the replies. The written agreement between the band-members sounds like a good idea to me too. I would be in favor of each band member being responsible for their own songs except that many of the songs are at least slightly co-written.

Hmm...maybe each band-member could be responsible for any song written exclusively on their own and any song written by two or more of us will be copywritten separately.

Thanks again,

Tucci
 
Song plagarism

Hi,
I think it's good that your creative works be copyrighted and protected. However, what if someone else unconsciously write a tune that has the melodies very much similar to yours and has it published even though your song was registered first. Can you sue that person? My opion is that it'd be very difficult unless your song had already been published. Also, I just want to know how I can review one of your songs.
Thanks.
 
No. You don't have a case against someone unless you can show they had access and opportunity to your work. People develop similar things independantly all the time. (I mean, we all only have 12 notes to work with!)
One cannot copyright a chord, or a chord progression. Otherwise the blues would have been outlawed long ago.

Aaron
http://www.aaroncheney.com
 
Sometimes it happens

I can recall George Harrison's song 'My Sweet Lord' being sued for its verse similarity to a Motown song, 'He's So Fine'. Even though he didn't do consciously, he's still being tagged with a big money compensation. When you listen to the two songs casually, they sound kindda different. But artists still find the way to make litigation against their fellow songwriters over minor similarity in song style.
 
lodang,

the songs I am referring to are all published in that they are on our current cd or will be on our next album - these are cds that are availabe for sale to the public, i.e. published.

Tucci
 
My understanding of a copyright is that as soon as you create a work, technically it's copyrighted. Simple as that. However, if someone takes something from your work without permission you have to prove that you created it earlier.

Aaron Cheney was talking about how the "po' man's copyright" (mailing a copy to yourself) doesn't work. A sealed and postmarked copy of your work is evidence of when you created it. I've also read in a few music business books (it's been a while however) that this does work. Officially registering is easier to make a case in court, but from my understanding, isn't absolutely necessary. Witnesses are also a plus. Also, as in any court situation, a good lawyer can do wonders.

This is my understanding of it. If this doesn't seem right please show me some info in how I'm wrong. I don't want to mislead people but this is what I've learned.

-Sal
 
I think you may be correct Sal,

I visited the site of an entertainment lawyer who himself said that the"poor man's copyright" can be used. It seems that there would be numerous ways to prove that the music and lyrics are your original work.

Could you not take an actual lead sheet and get it notarized?

or

post your music on a website?

Tucci
 
Tucci -

I don't know what a "lead sheet" is and what it means to "notarize" one. Could you clarify?

The website thing would be hard to prove though. I think about the only way to do this is if you had the actual "dated" computer files or a number of witnesses who heard your music on the web.

-Sal
 
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