Copyright

Things that can be Copyrighted

https://www.copyright.gov/circs/circ50.pdf

https://www.copyright.gov/engage/musicians/

What is needed for a copyright

Tangible Copy-Completed composition

Lead Sheet: Written down/lyrics or musical notation

You have a copyright, as soon as you complete a *tangible copy of the complete work,

technically, but...….legal issues could result from infringement or a lawsuit

MUST BE ORIGINAL WORK!!!!

Some Copyright Types

• PA- published and unpublished musical works; music & lyrics https://www.copyright.gov/forms/formpa.pdf

• SR- For published or unpublished sound recordings; recorded performance https://www.copyright.gov/forms/formsr.pdf

• CA- To correct or amplify information given to Copyright Office for another earlier copyright

• TX- poetry

• (eCO) electronic copyright office (filed electronically & cheaper than PA or SR)

• Register of Copyrights: https://www.copyright.gov/help/faq/faq-register.html

https://www.copyright.gov/registration/

• Law suggests that a notice be affixed to all copies “in a manner and location” that will provide a reasonable notice of the claim of copyright. (This Is Important)

• Copyright law no longer requires notice, but it is still a good idea; it simply alerts the public of the owner’s rights to be protected and compensated and may help in a court of law

*Poor Man’s Copyright(NO Copyright)

• Is not a copyright; is no substitute for registration

• Judges will not allow it as court evidence

*Send copy to yourself certified mail and do not open mail to keep sealed to establish date

• It is best to register your copyrights with the Library of Congress Office of Copyrights

• 1. It establishes legal ownership

• 2. Registration is a prerequisite to undertaking legal action against infringement and collection of damages

• 3. Requires the law to recognize your right to collect royalties and to file infringement

Public Domain/PD

• Copyright protection has expired or has never been in effect

• No one legally owns these songs

• May be used by anyone w/o paying any royalties

• Only refers to song itself, not a sound recording of the particular song

• www.pdinfo.com

Exclusive Rights ©

• Reproduce- record, publish, copy, etc.

• Distribute- sell, rent records/print copies

• Perform- publicly (live or broadcast)

• Derivative- new work based on

• Display Publicly- art

https://hiphopmakers.com/leasing-rights-vs-exclusive-rights-beat-selling-tips

EXCEPTIONS to Exclusive Rights-

Fair Use Rights- free use in criticism, commentary, news reporting, teaching, academic scholarship and research. No payment is necessary; but subject to interpretation

Termination (recapturing) of Assigned Copyrights

• An author can reclaim a copyright from a publisher or a work for hire after 35 years

• Notify the existing copyright holder of intent to reclaim; must be done between 2 and 10

years before the actual date of original copyright termination

• A copy of the notice must also be filed with the Copyright Office

Compulsory Licenses
• Once a song has been recorded and released to the public, the copyright owner is required to license it to anyone that wants to use it in a phono record for a specific payment established by law
• In some circumstances—known as Compulsory Licenses—a copyright owner’s permission is not required, provided that the user follows certain rules and pays fees set by law.
• Compulsory Licenses are commonly used by satellite television providers, cable providers, webcasters, and music companies.
• Compulsory Licenses are an essential part of their business models, allowing them to distribute and utilize content in an efficient and legal manner.

https://www.copyright.gov/circs/circ73.pdf

For more information go to the links below

https://www.copyright.gov/engage/musicians/ : https://soundcharts.com/blog/music-copyrights