COPYRIGHTS & WRONGS...A Guide to protecting your music....6

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The legal duration of a copyright has changed over the past century. Calculations for copyrights registered before 1978 are confusing, so I'll focus on the present here. Copyrights registered after January 1, 1978, last the life of the composer plus 70 years. The composer can pass a copyuright along to his or her heirs or will it to a third party. Subsequent owners can do the same.

HIRE UP

If you are commissioned to create a musical work or recording, the rules are slightly different. Be sure to have the requirements of the job outlined before you start so thet there are no surprises later. If, say, an advertising agency hires you to write a jingle, the companyt will likely have you sign a work-for-hire agreement stating that it owns the exclusive rights to the work you create. However, some people, such as film producers, may let you keep all or part of your copyright, allowing you to exploit the work later and benefit from the licensing and performance income.

Get the terms in writing while you're negotiating your fees so you can charge accordingly. In the case of a work-for-hire, the copyright duration lasts 120 years from the works creation or 95 years from its publication, whichever ends first.


More tomorrow...the final publication of this series. Thanks for all the great emails.

COPYRIGHTS & WRONGS-A Guide to protecting your music....4

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ALL TOGETHER NOW

Prolific songwriters and performers often worry about the cost of multiple registrations. At $45.00 a song, it definetely adds up. One option is to register music as a collection for one filing fee, using From PA (for musical compositions only) or Form SR (for compositions and their recordings, or recordings only). According to the Copyright Office, all the songs (and recordings, if applicable) in a collection must have the same copyright owner(s). Collections of songs don't have to be an entire album; they can be partial albums, suites, movements, or simply a gathering of your music.

Give your collection a title to appear in the Copyright Office's records. While you can also specify the individual titles within the collection, those will not appear in the Office's records unless you register them separately or submit a supplementary registration (Form CA).

Be sure to read the Office's circulars on musical compositions (Cir 50) and sound recordings (cir 56) for details. The easiest way to access forms or circulars is by visiting www.copyright.gov/register/performing.html for musical compositions, or www.copyright.gov/register/sound.html for sound recordings.

More tomorrow....

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

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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...