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View Full Version : Can anyone explain how to copyright


MalikZiplock
September 2nd, 2004, 11:48 AM
Hello,
Can anyone help me?
I need to know what the best way is to copyright my
material. I have a so many songs, but am too afraid to
shop them around, at least until I know how to protect
myself. Is there anyone out there who can shed light
on my problem please?
Greatly Appreciated
MZ

grey
September 2nd, 2004, 12:19 PM
from US Copyright Office - Copyright Basics (http://www.copyright.gov/circs/circ1.html) :

"Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both."

"Form of Notice for Phonorecords of Sound Recordings*
* Sound recordings are defined in the law as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.

The notice for phonorecords embodying a sound recording should contain all the following three elements:
1. The symbol (the letter P in a circle); and
2. The year of first publication of the sound recording; and
3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice."

In other words, you own copyright as soon as you create your work, but for good measure you should slap a copyright notice on any/all copies.

sparky | emily
September 2nd, 2004, 07:54 PM
I've heard (I don't know if this is exactly how it works) that if you have something and you send it through the mail, it has a copyright. Mail yourself a copy and don't open it and you have a copyright for sure (less iffy than just "hey, I made that!" ;) ). You'd have to look up the details on that, though. I heard it on NPR at some point, they were talking about protecting your work.

nofingers
September 2nd, 2004, 10:55 PM
i've heard that too.....they call that the "poor man's copyright".....but that will not stand in court.....if you are going to publish something ie. distribute it....then you should probably get a copyright...its $30-40... an official copyright has to be obtained if you want to sue or countersue somebody....what grey says is true about the automatic copyright...but sometimes it's dificult to prove you did it first

Big-Dave
September 3rd, 2004, 08:32 AM
Technically the copyright is automatic when you complete the work. However, you have a better chance of winning a law suit if you register it as copyright at the patents office. It just makes it more official and gives you solid evidence that it's yours.

Oh, and the letter thing is an old rumour, but it doesn't work. The courts wouldn't accept it (maybe becuase it's porrible to reseal envelopes without them looking like they've been tampered with)

EVIL
September 3rd, 2004, 05:03 PM
but do you have to patent every single little thing?

Big-Dave
September 4th, 2004, 01:08 PM
Patent isn't the same thing, it's just that it's the patents office that does it. But yeah, if you want full protection you have to register everything you publish in some way. You could probably put together a compilation CD of your work and have that registered as copyright though, which would save a bit of time and money. It should still hold up too if you ahve to go to court

grey
September 5th, 2004, 10:17 PM
but do you have to patent every single little thing?

only if you anticipate filing an infringement suit, in which case registration is a requirement; the fee's $30, but there's a loophole that lets you group unlimited pieces together into a "collection" with one registration fee. The catch is they need to be unpublished (tho once it's published I guess other copyrights come into play anyway). Nice option for a portfolio, sketchbook, etc