COPYRIGHTS & WRONGS-A Guide to protecting your music....3

Image by PugnoM via Flickr

REGISTER FOR CASH

Let's say you've composed a song, gotten it exactly how you want it, and have written it down or recorded it. It's not plagiarized and it has some creative spark. Under current U.S. copyright law, satisfying these criteria alone means you have a natural copyright and your work is protected. It's advisable, however, to register your song with the Library of Congress as soon as possible to establish a public record of it. In most cases, it must be registered before you can sue someone for infringement or collect compulsory mechanical-license royalties.

The Library of Congress Copyright Office classifies your new song composition as a Performing-Art Work. Fill out Form PA to register a musical composition only. This is useful for artists who are strictly songwriters. Send the completed form, a nonreturnable copy of your material and a $45 registration fee to the Library of Congress Copyright Office in Washington, D.C. For compositions, acceptable materials include a manuscript (lead sheet, full sheet music, or orchestrations) or a phonorecord (tape, CD, MP3 on disc). Make sure you include the entire song--everything you want protected--in your submission.

Your registration becomes effective when the Copyright Office receives it. In a few months you will receive a certificate of registration.

Those who are both writers and recording artists may register their composition and the accompanying recording at the same time and for one fee by using Form SR. In that case, you would send your song on a phonorecord only.

Also use Form SR to register sound recordings only (ideal for performers who don't write their own music). The application process and the fee per submission are the same as for musical compositions. Remember that the material you send for a sound recording must be a phonorecord and can't be a manuscript or audiovisual work such as a movie, music video or other multimedia format.

More tomorrow...

COPYRIGHTS & WRONGS-A Guide to protecting your music....1

Image by PugnoM via Flickr

Well, the Music Publishing series went well and there were many responses clearly indicating that it is information that was useful and very much wanted. Today we will begin our series on Copyrights and Wrongs. There will be 7 editions to this series so keep a look out for them over the next 10 days, not counting the holiday coming up.

As an artist, your creative works are the lifeline of your business. By protecting them through copyright registration, you can control how they're used and ensure that you receive the income from them that you deserve.

To make the system function for you, you have to understand how it works. To that end, we'll explain a number of important music-copyright issues, such as what constitutes a copyrightable work, how to properly register a work, what rights you have if you're hired to write a song, and what happens to your copyright when you die. But remember, if you have copyright questions, consult a qualified attorney; this series should not be considered legal advice.

Just the fact...

In its most rudimentary definition, a copyright is actually personal property. But like trademarks and patents, a copyright is regarded as intellectual property, which is created from the minds of its authors. Copyright protection applies to literary works, musical compositions and recordings, dramatic works, choreography, and visual arts.

When you own the rights to a song, you control its use. Ownership gives you six exclusive rights: the right to make copies, creative derivative works and revisions, publish and distribute your creation, perform the work in public (or display it, in the case of visual art), and, in the case of sound recordings, perform it in public through a digital transmission (currently this refers to songs played on the Web). As an owner, you can even assign the whole copyright or shares of it to others.

For a song to be copyrightable, it must meet three criteria. First, your work must be fixed in a tangible form--it must be written down or recorded, so others can perceive it. Second, it has to be original, meaning that someone else hasn't already created it. And, third, it must demonstrate at least a modicum of creative expression...


More tomorrow.....