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SurfGuitar101 Forums » Surf Musician »

Permalink Publishing rights and the law?

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Before our band (crashmatics) goes and put our originals on iTunes for sale, we we're wondering what legalities we would need to tie off before we put them up for sale.

I do know the band name has to be copyrighted so we own the name, but also do we need to do it for every single as well?

If anyone could point me in the right direction, much kudos.

Thanks guys

Knarle Tide

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MrSpaghetti
Before our band (crashmatics) goes and put our originals on iTunes for sale, we we're wondering what legalities we would need to tie off before we put them up for sale.

I do know the band name has to be copyrighted so we own the name, but also do we need to do it for every single as well?

If anyone could point me in the right direction, much kudos.

Thanks guys

Everything you write is automatically copyrighted to the author be it melody, lyrics or a post card. However, if you want to be cautious you should register the copyright of each song to establish ownership and the time of creation. It really only becomes an issue if one of your songs becomes popular enough to receive airplay or is recorded by other artists.

The artist formerly known as: Synchro

When Surf Guitar is outlawed only outlaws will play Surf Guitar.

To register a copyright, go the the Library of Congress website.

http://www.copyright.gov/fls/fl105.html

http://www.copyright.gov/fls/sl35.pdf

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Having had to deal with some of this lately...

Yes, you own the copyright from the inception. But if you're at all concerned (and you should be) about proving it, pay the govt. and regiater the copyrights.

Also, you may be better served by trademarking your band name, as opposed to copyrighting it.

And get yourself set up as your own publishing house. It's not all that hard, so I hear.

You can record everything on one album and copyright the whole thing for around $50. I don't think you can copyright a band name though. I would definitely register the copyright on the songs; although technically you own the copyright as soon as you compose a song it wouldn't mean much if you couldn't prove it.

You can trademark a name and copyright a song but can't do either to a song title or album title.

raito
Having had to deal with some of this lately...

Yes, you own the copyright from the inception. But if you're at all concerned (and you should be) about proving it, pay the govt. and regiater the copyrights.

Also, you may be better served by trademarking your band name, as opposed to copyrighting it.

And get yourself set up as your own publishing house. It's not all that hard, so I hear.

If my understanding of the matter is correct, having your own publishing house does carry some reporting responsibilities and attendant expense.

casey
You can record everything on one album and copyright the whole thing for around $50. I don't think you can copyright a band name though. I would definitely register the copyright on the songs; although technically you own the copyright as soon as you compose a song it wouldn't mean much if you couldn't prove it.

That makes a lot of sense, you are copyrighting the performance basically. The nightmare, of course, would be to write a great song and then find out that you can't prove authorship after someone else sells 10 million copies. Fortunately, none of the songs I write are likely to find that sort of market. Smile

The artist formerly known as: Synchro

When Surf Guitar is outlawed only outlaws will play Surf Guitar.

See http://www.surfguitar101.com/modules.php?name=Forums&file=viewtopic&t=977&highlight=copyright

and other previous discussions, using Search function. Note that you can have results reported by thread or by individual post. This option may be off the bottom of the visible search form.

Hmmm I wonder if the HODADDYS paid HFA to cover Que Honda?
I know you guys did the right thing along with crediting us and all the other bands you cover on your disc? Very Happy

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thanks for the information everyone, i greatly appreciate it. it does help and it pointed me in the right direction.

much kudos...

Knarle Tide

http://www.facebook.com/knarletide
http://www.reverbnation.com/knarletide

synchro
If my understanding of the matter is correct, having your own publishing house does carry some reporting responsibilities and attendant expense.

Yes, but it sure seems to be worth it.

And getting your stuff straight with Harry Fox or the like is also good, because it makes getting paid for recorded cover songs much more easy. One of the guys I work with is having to deal with that stuff now, because people are starting to cover his stuff.

The real moral is to make it easy for people to cover you, and make it difficult for them to rip you off.

raito

synchro
If my understanding of the matter is correct, having your own publishing house does carry some reporting responsibilities and attendant expense.

Yes, but it sure seems to be worth it.

And getting your stuff straight with Harry Fox or the like is also good, because it makes getting paid for recorded cover songs much more easy. One of the guys I work with is having to deal with that stuff now, because people are starting to cover his stuff.

The real moral is to make it easy for people to cover you, and make it difficult for them to rip you off.

IMO, the Harry Fox Agency is well worth the time it takes to deal with them. You can negotiate rights outside that channel but the property would have to be pretty valuable for that approach to be cost-effective.

The artist formerly known as: Synchro

When Surf Guitar is outlawed only outlaws will play Surf Guitar.

Pyronauts
You can trademark a name and copyright a song but can't do either to a song title or album title.

Not in the UK, you can't! You can own a trademark - eg the golden arches or the name McDonalds written in the way they do on their hideous "restaurants". What you can't do here is own the name McDonalds. I believe it is different in the States.

Los Fantasticos

djangodeadman

Pyronauts
You can trademark a name and copyright a song but can't do either to a song title or album title.

Not in the UK, you can't! You can own a trademark - eg the golden arches or the name McDonalds written in the way they do on their hideous "restaurants". What you can't do here is own the name McDonalds. I believe it is different in the States.

I think you're right about that. The reason so many companies are named the way they are is to avoid hassles. They pay companies to make up a uniqu name for them rather than risk treading upon someone else's name, even if they aren't in the same field.

The artist formerly known as: Synchro

When Surf Guitar is outlawed only outlaws will play Surf Guitar.

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