Copyrighting Your Own Music

[Eric!]

So "my" band just finished our first full-length album, and we wanna do it all legit (and ...not get ripped off) so someone proposed we copyright it.

Looking online, it SEEMS like every submission costs $35 and takes roughly 4.5 months. ...seriously?!

Who's copyrighted stuff before? Is it worth it?

[AxAxSxS]

I've been looking into this as well. Copyright claim is the big thing I think. Legally, a work is copyrighted at the moment of creation. After that, it's all about being able to prove it. From US copyright office-

Copyright Protection Is Automatic
Under the present copyright law, which became effective January 1, 1978, a work
is automatically protected by copyright when it is created. A work is created
when it is “fixed” or embodied in a copy or phonorecord for the first time.
Neither registration in the Copyright Office nor publication is required for
copyright protection under the law.

Advantages to Copyright Registration
There are, however, certain advantages to registration, including the establishment
of a public record of the copyright claim. Copyright registration must
generally be made before an infringement suit can be brought. Timely registration
may also provide a broader range of remedies in an infringement suit.

Ascap BMI, etc. are organizations that exist to collect fees for your musics use, and to enforce the copyright.

Since my band is not huge, and really exists only in the local scene, I am not to worried about needing to collect money from Steven Speilberg because he ganked our songs. Not yet, anyways. I went ahead and submitted a copyright claim to the us copyright office http://www.copyright.gov/
and I figure down the road, if it comes to that, I can register with the various organizations if needed.

I'm still navigating the waters and figuring this all out, so would love to hear if I have any of this wrong or if there are other things.

[waltdogg]

^ this.

Also, there's an option when upload music to bandcamp for which level of licensing you'll allow without being contacted. This way if anyone breaches that you have proof that your music existed first. When copyrighting music the main focus on the form is in the lyrics and melody but when it comes to disputes whoever had used it first/has been using it more actively is the debate. As you can't write a song, copyright it but never publish it then when someone comes out with a similar tune 20 years later and really had no way of hearing your song, you can't just sue them. But if your lyrics or melody are clearly stolen, and your material is currently in circulation you have precedence to take action.

That probably doesn't make much sense, but I had to take several legal classes when I was getting my recording certificate. I didn't pay much attention but the copyright aspect really had my attention. Because it's automatic, only focuses on lyrics and melody, and in disputes they only look at parties who have been actively using it. Coz if you're the original owner but don't have the music in circulation or available online, etc. you could lose the dispute.

[casecandy]

My English teacher in high school had a fairly popular blues rock band going on and he was prolific, too. Each song he wrote, he wrote down the chord progression, lead melody tab, and lyrics on a piece of looseleaf paper, and mailed it to himself. He said as long as the envelope was untempered with, the postage date was a handy indicator of when you wrote it. He alleged that this had held up in Canadian court before.

Personally, I'm a member of SOCAN.

[lordgalvar]

Yea, the old poor-man's copyright...independent comic people and stuff (like I was/am getting into) have used that for years.

It does usually work, but if Disney or some big, heavy hitter comes after you, it ain't going to hold up (they have the money, they have the power, they can make records). But it doesn't work for music unless it is lyrics or a melody (can't copyright a chord progression anyway).

[oldangelmidnight]

Most of us wouldn't be able to afford to sue anyone who ripped us off so who cares?

[waltdogg]

You don't to sue them. You have the right to sense a cease and desist. Copyright law is all intimidation.

[casecandy]

You don't to sue them. You have the right to sense a cease and desist. Copyright law is all intimidation.

Even Starbucks back down after the intimidation phase, sometimes. Ever seen the documentary, The Perfect Cappucino? Very worth watching and relevant to this thread, sorta...