Legal 101
Copyright question
Q: I have many songs written and don't understand the basics of copyright.
I would like to know the truth about when a song is copyright protected, and
also about the two forms used, and why you should use one over the other?
Also, once and for all, is it true that your music is copyright protected
from the moment you record it or write it down? If so, why do we need to register
with the US government? And finally, I want to copyright a song written in
1976, do I use the current date or the former date when registering it? Does
this make a difference in my protection?
A: Good news. A songwriter automatically owns the copyright in a song he has
written the moment the songwriter records it or writes it down in any manner
which is perceptible by other people. The correct copyright term is "fixation."
Copyright registration is not necessary in order for a songwriter to own the
copyright in the work he has created.
Copyright registration is a mechanism that gives notice to the world that
a particular songwriter claims to have written a particular song. The United
States is one of the few nations that has a formal system of copyright registration.
The advantages of filing a copyright registration are: A) A registration must
be filed in order to file a copyright infringement suit against another person;
B) A registration gives some very significant legal, procedural advantages
to the songwriter if the songwriter later sues or is sued for copyright infringement;
C) registration satisfies the requirement under the US Copyright law that
a copy of all works published in the United States be given to the Library
of Congress for archival purposes.
Use Registration form PA to register the copyright in the song only - the
lyrics &/or music.
Use Registration form SR to register the copyright in the actual sound recording
of the song (the master recording).
You can use Registration form SR to register both the copyright in the song
and the copyright in the sound recording ONLY IF the owner of the copyright
in the song(s) and in the sound recording is the same person(s).
A song that was written prior to January 1, 1978 is governed by the US Copyright
Act of 1909 under which a song receives copyright protection either on the
date of the song's publication or the date of its copyright registration.
If the song was unpublished (publication is a special term of art under the
Copyright Act) as of January 1, 1978, it is automatically protected by copyright.
If the song was published but not registered for copyright as of January 1,
1978, there could be some problems with protecting the songwriter's copyright.
Congress fixed some of these problems in November 1997.
Recording Studio Question
Q: I am co-owner of a small recording studio. After 12 years of business I
have found myself swimming in the tapes of old (ex) clients. Many of them
are the masters for albums or CD's. None of these releases ever reached high sales,
the highest maybe hit 1000. Now I would like to thin out my library and I
have been trying to contact these clients. I have run into two problems: some
have moved with no forwarding address, others just have not returned phone
calls or Emails. I wonder what other studios do in this situation? None of
these clients ever paid a storage fee, the just left the tapes here because
it was a safer and more controlled environment than they would have at home.
My hope at the time was that it would be a reason for them to come back as
well. The thought of throwing this material away disturbs me, but I am at
wits end over it.
A: There is a legal concept called an implied bailment which applies to your
situation. Even though there was no contract or money changed for you to house
the tapes, you might have a legal duty not to be negligent (i.e., lose or
destroy the tapes). However, this is balanced out by fairness. If you have
had the tapes for 10 years and they have never been reclaimed, and you have
done due diligence to contact the owners (i.e., better to write a letter if
you have the address; otherwise e-mail or call but keep records), then you
have done all you could and your duty of care is probably fulfilled. To be
sure, you should call one of the large studies in LA or NYC and find out what their
internal policies are.
Demo Question - Song Selection
Q: I am a young singer who wants to record a demo. I do not write music myself.
Should I simply record a demo of a popular song someone else has already recorded,
or would it be better to find a strong original song, and record that, so
that I won't be compared to the original singer of the cover song? If this
is better, how do you suggest I find a good original song?
A: I think finding a good original song that won't be identified or compared
to the original artist would do more for you to establish your own sound and
musical identity. Most people would want to hear more than one song if they are
interested in your voice, so a good option is to make a demo of two to three
songs, with your lead song being a strong original song, and your "cover"
(the popular song already recorded by a recognizable artist) having a distinctly
different arrangement than its popular version. For example, you could alter
the tempo and turn a medium tempo song into a ballad. You could select a song
that was previously recorded by a male artist and give it a female twist.
Do something that showcases your vocal strength. Finding a producer/arranger
that can enhance your abilities and give musical direction for your style
development is as key as finding the right songs.
I would suggest visiting some studios in your area to gather information (pricing,
method of working, equipment available) and listen to some prior work to gauge
your compatibility. The relationship between you and the producer the most
important one, and you need to feel comfortable and encouraged by him/her.
© 1999 Just Plain Folks.
