View Full Version : How do you copyright your songs?
Bitterroot
Jun-04-2007, 8:58am
I was just curious...if you write a song that you feel is worth copyrighting, how do you go about it nowadays? And what if you can't write music even in tab..but you can record the music?
Andrew Lewis
Jun-04-2007, 10:28am
Here you go: U.S. Copyright Office (http://www.copyright.gov/)
That site should tell you everything you need to know AND supply you with the forms to do it!
You'll find that you can register songs by audio recording and don't need to have them in written format (lyrics would help though, if applicable).
Jerry Byers
Jun-04-2007, 10:33am
Remember that copyrights exist whether you use the copyright office or not. An easy way to protect yourself is to put the copyrighted item in an envelope and send it to yourself through registered mail (or traceable means). When you get it back, just put the sealed envelope away for safe keeping.
The mailing it to our self thing has absolutely no legal standing in the US, though I suppose that if you ALSO register your copyright with the copyright office (which you must do in order to bring suit in US courts) then I'd have to imagine that that registered letter would have to be one more peice of evidence in your case. It's like chicken soup for a cold...can't hurt.
In the US, as was said, you don't 'do' anything to copyright your work. You have a legal copyright the moment you put an original work in a tangeble form. You can take steps to protect and enforce that copyright, however, like registering with the copyright office, and clearly marking any copy with the approriate copyright symbols and information.
Other countries have different laws.
And if you read the various threads on the matter here and on other music forums, you'll see there is a subset of people who don't acknowledge or respect your copyright and think they should be free to whatever they want with your work.
Tim2723
Jun-04-2007, 10:54am
Pesonally, I've always felt that copyrighting was only needed if somebody stole your song and published it. So far, nobody has wanted to steal anything I've written. If I were to walk into a local club and a band was singing my song, I'd be honored. But so far that hasn't happened either. http://www.mandolincafe.net/iB_html/non-cgi/emoticons/sad.gif
bradeinhorn
Jun-04-2007, 11:03am
The mailing it to our self thing has absolutely no legal standing in the US, though I suppose that if you ALSO register your copyright with the copyright office (which you must do in order to bring suit in US courts) then I'd have to imagine that that registered letter would have to be one more peice of evidence in your case. #It's like chicken soup for a cold...can't hurt.
in regards to needing a copyright to bring suit in US courts, that is incorrect.
you may bring a suit regardless as copyright attaches "from the moment of creation".
it is however excellent to have in that it automatically shifts the burden of presentation to the accused party to show they did not infringe.
if you are not registered with the copyright office, it is on you to prove that you are in fact the holder.
MikeEdgerton
Jun-04-2007, 11:22am
You didn't sign that B. Einhorn, Esq.
in regards to needing a copyright to bring suit in US courts, that is incorrect.
From the FAQ at Copyright.gov:
http://www.copyright.gov/help/faq/faq-general.html#register
"Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”"
From the cited circular:
http://www.copyright.gov/circs/circ1.html#cr
"Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin."
Pesonally, I've always felt that copyrighting was only needed.[...]
Copyright is 'needed' to protect your right to make that choice. As the copyright owner of your own work, you are pefectly free to give it away, share, and never enforce any of your exclusive right. Your copyright protection include the right to give those rights away as you see fit.
Jack Roberts
Jun-04-2007, 12:00pm
My attorney, and the attorney general of the great state of Texas, told me that if I put the © 2007 by (the name of the copyright owner), nobody can "copy" the document without my permission. But if they do, I can only ask them to stop. If I register the copyright, I can take legal action against them. This concurs with what ApK posted above. In our case, the © works fine.
bradeinhorn
Jun-04-2007, 2:08pm
the registering can happen simultaneously with the filed suit, though. my distinction was for those who file years prior, five i believe, they have what is called a "prima facia" case established and the accused infringer must prove his way out. just because filing didn't occur prior does not bar a suit, it just makes it harder and gives you another legal hurdle to jump through. throwing the cirlced c on there is fine, but not really necessary if you aren't going the full distance. btw - the cost is relatively inexpensive if you are on the fence.
Technically speaking you don't even 'need' the © marking for your work to 'be' copyrighted (I think at one time the marking was actually required), but it's important to mark it, because if you don't make any effort let people know that a work is copyrighted and you make no effort to secure and protect your copyright, then good luck getting a judge to think you were severly damaged when you claim infringment.
As bradeinhorn said, if you're on the fence in anyway, if you even have a faint hope that you might want to make money off your work in some way, or even just excersice control (like denying some political party the right to use your tune as a campaign song) then just register the copyright (and mark your copies with the © ).
Neil Gladd
Jun-04-2007, 2:56pm
Apk is correct. The copyright notice has not been required since 1989, but it's still a good idea to stop people from saying they didn't know it was under copyright. The application is a piece of cake. I've been sending them since my college days and used to fill them out for a publisher. If you know your own name, the title of your piece, and that you wrote music (or words and music), you know everything you need to know, and do not need a laywer. If you have a bunch of unpublished songs, you can save money and send them all on one application as a collection.
You own the copyright on your stuff whether you send it or not, but you can't even get in to court without a certificate. The so-called "Postal Copyright" will not get you a court date, but some other countries actually suggest doing that, and England doesn't even have a Copyright Office!
bradeinhorn
Jun-04-2007, 2:58pm
i also think it is just a once per lot cost. so throw in everything you have at once rather than doing it piecemeal.