music copywrite Archive

How to copyright your music

By
Scott
 – June 15, 2010Posted in: Legal aspects of the music business, Music Business
How to copyright your music
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For musicians today, copyrighting your work has become easier with online filing. Once you have decided to file your music with the copyright office, the process is easy.

As mentioned in the “The basics of copyright protection for your band” article, you are afforded the protection of copyright without filing, but once you start dealing with record labels, publishers, licensing, or lawsuits, you are going to have to have your music filed with the copyright office.
At the U.S. Copyright Office website you will be able to find all the information you will need to file both electronically and by mail. Filing electronically will save you $30, however. As of this writing, the fees for filing your music are $35 for e-filing and $65 for mail-in submissions.
There are pdfs and PowerPoint presentations available that you can read and watch which will explain the process to you, but most of it is self-explanatory.

It may seem like a lot of work, but most of it is simple information like names and addresses. Be prepared before entering the filing process. If you are having trouble, either refer back to the tutorials or get help from a lawyer.
When you are ready to register your music, you will need:

  • the names of all the authors of the music (so, you will need to decide as a band who – if not all of you – will be listed as the authors)
  • to choose to whom the certificate will be mailed
  • the year of creation and/or publication (if you have already made and distributed copies of your songs, technically you have already published the works)
  • information regarding the origins of the publication
  • names of claimants or correspondents that you are either signing rights over to or that you are allowing to act in your behalf

All of these issues could be sticky subjects and should be discussed prior to filing. Depending on how you have set up your band as a business, whether you are operating your own independent record label, or working everything as individuals, the information you put on the submission forms may vary.
Once you have gotten to a certain point in the registration process you will have to pay for it either by EFT or credit/debit card.
Finally, you will upload your music files. These are the current file formats you by which you may submit your music to the copyright office:

  • .aif, .aiff (Audio Interchange File Format)
  • .au (Audio File)
  • .mid, .midi, .rmi (Musical Instrument Digital Interface)
  • .mp3 (MP3 Audio File or Layer 3 Audio Compression)
  • .ra, .ram (Real Audio File)***
  • .rmi (Resource Interchangable File Format)
  • .wav (Windows Wave Sound File)
  • .wma (Windows Media Audio File)

Luckily, you can file a complete album as a collection of music and only pay one fee. To obtain a paper copy of the copyright submission form, go here.
Here is one last note about how music copyrights work when you write music as a work-for-hire. Work-for-hire is when you write music for a company like a jingle. In this case, the company owns the music and will also own the copyright.

References
Copyright.gov. United States Copyright Office, July 2008. Web. 1 June 2010. .
Passman, Donald S. All You Need to Know About the Music Business. New York: Free Press, 2009. Print.
Twomey, and Fox. Anderson’s Business Law and the Legal Environment. Mason, OH: Cengage Learning, 2008. Print.
Wilsey, Darren, and Daylle Deanna Schwartz. The Musician’s Guide to Licensing Music. New York: Billboard Books, 2010. Print.

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The basics of copyright protection for your band

By
Scott
 – June 9, 2010Posted in: Legal aspects of the music business, Music Business
The basics of copyright protection for your band
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The legal side of the music business is probably one of the most ignored (or feared) parts of being in a band or being a musician. Even the basic laws that are designed to protect us are often overlooked or seem too confusing to bog ourselves down with. It really isn’t that difficult.

Copyright law is fundamental to all musicians (and all creative persons.) Learning and understanding the basic laws that protect your music should be a priority as you and your band progress through the steps of your music careers.

For this research, we will assume that all works are originating from within the United States. Cutting through the history and reasons behind the copyright laws, let’s get straight to what is and is not protected by the copyright laws.

A copyright is the protection given under the United States law to authors of “original works.” As the author of your songs, you are granted these rights and may pursue legal action against anyone who violates these rights. The protections you get with a copyright are the rights to:

  • reproduce copies of the work
  • produce alternate versions of the original (prepare derivative works)
  • distribute copies of the work to the public or transfer ownership
  • display the work publicly
  • perform the work publicly

One of the more confusing things about the law is whether you have to actually file with the United States government to obtain a copyright. The answer is that you DO NOT have to register your work to receive copyright protection. In the case of a song, it is considered copyrighted once you have recorded it (onto a tangible format.)

The key for musicians in copyright law is that your songs are not considered copyrighted until you have recorded them. Playing songs in your garage, basement, or live, does not constitute a copyright. You must record the song first before it is afforded copyright protection.

The above protections are for songs and lyrics (as well as a list of other creative works.) Other aspects of your band and image, however, are not protected by copyright laws. For some of the following, we will have to explore other aspects of the law and file for other protections such as trademarks or patents (which we will discuss in another article.) Copyright law does not cover:

  • works not fixed in tangible form (i.e. choreography that is not written down)
  • titles, names, slogans, phrases
  • ideas
  • works consisting of no original authorship

So, if you are afforded the rights to copy without filing with the government, why should you file? The quick and simple answer is that if you ever have any legal action concerning any of your songs, you are going to have to register anyway. This goes for someone trying to sell your music without your permission, possible licensing problems, or even piracy of your music. You will also need to register your copyrights when you get into record deals or distribution through other companies.

In a future article, we will discuss how to go about registering a copyright with the government. It’s pretty simple. If you still have questions or are confused about something regarding copyright law, check out one of the resources used for this article or contact a lawyer in the music business.

If you think your music career is at the point you need copyright protection, it is time to get some serious help. Below we list the most basic sources you will need (not including a lawyer) to understand the specifics of music law.

Image from Flickr user Horia Varlan

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