I was wondering about the copyright protection a person would have after posting to a forum like this with an original song. One that has never been heard before.
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Joined: Sep 07, 2006 Posts: 1482 Redlands, CA |
I was wondering about the copyright protection a person would have after posting to a forum like this with an original song. One that has never been heard before. |
Joined: Feb 26, 2006 Posts: 5090 San Francisco |
I don't think that posting an MP3 to a forum like this would qualify for copyright protection. It's too fluid. Song get posted then removed, then a second version might be posted. Hard to establish a date of publishing. If you are not going to go the route of filling out the forms for the US Copyright Office (and really, not many people do) then you need to have your song recognizably released, that is- a hardcopy that is for sale and/or widely distributed enough so that a release date can be established. Possibly, if you have your song included in the SG101 compilation that would protect it, because at some point, Brian will stop taking entries and the whole body of work will have an established release date. Ferenc Buy Speed of Dark @ Bandcamp |
Joined: Feb 25, 2006 Posts: 19265 Des Moines, Iowa, USA |
Its my understanding anything you create has a copyright associated with it. You can register it with some govt. office if you want, but its not necessary. I suggest you embed in the mp3 a copyright statement: "Copyright (C) 2006 by Joe Blow" Disclaimer: I'm not a lawyer either —Site dude - S3 Agent #202 "It starts... when it begins" -- Ralf Kilauea |
Joined: Feb 26, 2006 Posts: 5090 San Francisco |
If the point of a copyright is to protect your song from being stolen from somebody else, then you have to establish exactly when it was written, and you have to be able to prove it. Putting "Copyright 2006" in a data stream is not proof, because you could just as easily have written "2005". What used to be called a "poor man's copyright" was this: put your song on cassette and mail it to yourself in a registered, certified letter. Then if you had a beef with another songwriter, your envelope would be opened in court and the court would accept the Post Office's dating and sealing as proof. Here are the official Gov't web page with info about copyrighting artistic works: --ferenc —Buy Speed of Dark @ Bandcamp |
Joined: Feb 27, 2006 Posts: 3832 netherlands |
well, I AM a lawyer, albeit non practicing, not specialized copyrights, and in a shithole country in europe. however i think this is universal: whatever you create is protected by copyright. simple as that. however in the world of legal reality, your rights don't mean jack shit if you cant proove 'em, what proof would be accepted in court (and hence by other players in the market) depends on the country, but "some semi-gov office that does offical registrations' is usually the 'normal way', but costs $$. Ive heard FD's trick before, her ein europe too. Dont know any case law ever coming from it. It has been accepted as "proof of date" in other contexts though, so it seems like the smartest and cheapest way to go. WR —Rules to live by #314: |
Joined: Feb 27, 2006 Posts: 492 Austin Texas |
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Joined: Feb 26, 2006 Posts: 3546 mojave desert, california |
very sound advice, BMI is one of the best "rights protection" organizations out there.... |
Joined: Feb 25, 2006 Posts: 19265 Des Moines, Iowa, USA |
I dunno Ferenc, coming from the software world, people "publish" software all the time on the internet as text files, and all they do is insert a copyright notice in the text. Think of all the websites, blogs, online news, etc that do the same. From reading your link, a copyright notice isn't even required anymore. But I agree, its not clear to me how you go about "proving" your copyright claim. —Site dude - S3 Agent #202 "It starts... when it begins" -- Ralf Kilauea |
Joined: Feb 26, 2006 Posts: 5090 San Francisco |
Isn't most software completely out of date after a few years? Where as a song is protected for 70 years. I don't think that is a good comparison. Re: BMI - I first joined BMI in 1995, but didn't become affiliated with a publisher until 2004. I never actually sent any of my music to BMI, just the song titles and songwriter info. It was up to me to me copyright them. I don't think BMI can help you in a copyright dispute if they don't have a copy of the original song. Once I got a publisher, I send them the songs and now they handle the copyright stuff. --ferenc —Buy Speed of Dark @ Bandcamp |
Joined: Feb 25, 2006 Posts: 19265 Des Moines, Iowa, USA |
While practically speaking it is true software is out of date in the blink of an eye, it has the same protections as the other items listed on the US government's copyright website. It is strange that computer programs legally fall under "literary works" though... 8O. I guess I'm a writer now.
No mention is given to digital media, but I think it applies as it is analogous to film, videotape, and microfilm. It is "perceived" with the aid of a machine or device (computer). —Site dude - S3 Agent #202 "It starts... when it begins" -- Ralf Kilauea |
Joined: Feb 25, 2006 Posts: 19265 Des Moines, Iowa, USA |
More interesting info here: http://en.wikipedia.org/wiki/Copyright — Site dude - S3 Agent #202 "It starts... when it begins" -- Ralf Kilauea |
Joined: Apr 21, 2007 Posts: 49 NYC |
I have my songs protected by copyright. I found this online for starting a music publishing company, it's a lot easier than I thought it would be. http://musicpowers.com/publishing.html —http://www.facebook.com/pages/The-Octomen/268386424192 http://www.myspace.com/theoctomen](http://www.myspace.com/theoctomen) |
Joined: Dec 30, 2007 Posts: 443 Falun Sweden |
The land of Bas Rutten and Tulips..Thats not a shithole to me! The reality is that we do not wash our own laundry - it just gets dirtier. www.myspace.com/tumbleweedofsurf |