COPYRIGHT FILING CONSIDERATIONS FOR MUSICIANS AND BANDS

by Todd A. Myers

In my law practice I frequently receive telephone calls and emails from musicians inquiring about which copyright form to use when filing with the United States Copyright Office and how copyright credit should be divided among musicians in their band. After congratulating them on getting serious about the business of music, I ask them if they are familiar with the basics of music copyright law. It is a complicated area of the law (even for lawyers!) and if they are not somewhat familiar I refer them to "the bible": This Business of Music by M. William Krasilovsky, which is in its 8th edition and which was originally printed in 1964. Public libraries are now carrying this new edition. Then they sometimes call back still confused as to whether to use Form SR ("sound recording") or Form PA ("performing arts") and how to divide the copyright credit. Here is basically what I tell them regarding form filing and division of the credit:

1. First, sit down with the band members and generally discuss the band's philosophy about how copyright credit should be apportioned for all songs. Did the leadman write most the songs and the band members contributed parts and ideas? Should everyone share equally in the copyright credit? Get specific and comfortable with the percentage of ownership of the songs. Do this in a serious business meeting. It may save you years of headaches and lawyer fees if a song or an album takes off.

2. Then when the percentages are agreed to, prepare a list of all the songs written by the musician and/or band which will be copyrighted with (a) the full title of the song, (b) when it was completed, (c) the name of the author(s), and (d) the percentage ownership of the various band members. Have everyone sign, address and date this document and make copies for everyone. Keep this document forever. Memories fade and band members change. If you want to get fancy have the signatures individually notarized.

3. Download and print out Form SR and Form PA with their instructions from the compact disc attached to This Business of Music or from the Copyright Office website at www.loc.gov/copyright/forms/. Review the forms and the accompanying instructions very carefully and highlight or make notes about any questions or concerns you might have which are not explained to your satisfaction in the forms.

4. Decide which form to use: Form SR is for registering a sound recording such as a mastered demo or compact disc and which is a finished work of art OR Form SR can be used to register both the sound recording and the underlying composition. (Remember that there are two music copyrights to be protected in this business: the underlying composition which will support you in your old age through music publishing royalties and the actual sound recording that will make you a superstar in the short-term through mechanical royalties.) Form PA on the other hand, is for only copyrighting the underlying composition and not the sound recording. Herein lies the mass confusion. Even though you may submit a compact disc or a tape as the "deposit" with the Form PA, your intention here is to copyright the musical composition(s) only because you do not have a finished "master" recording. That's fine. Just remember you might have to file Form SR in the future if and when you "master" the songs.

Still confused? Form SR is usually filed if you intend to sell to the public what you have deposited. The title of your sound recording is the title which you register. In other words with a $30 fee (until at least June 30, 2002) and the filing of Form SR you can copyright the sound recording and all the songs on the master. Don't, of course, file the master itself, but only two of the best compact discs or tapes if the work is "published" or only one copy if the work is unpublished. If you file Form PA your tape or CD doesn't have to be and shouldn't be ready for release. Entitle your filing whatever you want so long as it is descriptive like: "Collected musical compositions of your name or band name from 1999 to 2001."

What about saving the filing fee and hassle of filing by mailing the tape or CD to yourself certified mail or registered mail? My answer is absolutely not. Your registration gives you those "bundle" of rights you don't get by self-mailing: attorneys fees, treble damages, quick court acceptance of your copyright, instant notice to the world of your rights as the owner of original (and most perfect) music. Do the filing.

And, what about my self-produced and distributed CD or tape? Should I put "c in the circle" (©) or is that not necessary? Well, it is not absolutely legally necessary since March of 1989 when the US of A entered the Berne Convention; but do it anyway because it gives notice to the world of your copyright. Look professional and have your product look the same.

After all this are you still bothered and bewildered? Continue your studies or call a lawyer with specific questions. We will try to help you out if we can; but don't ask for too much free advice. We don't think we are too expensive for the support we provide for your business..

5. Finally, complete the form, copy it, file with the fee and the deposit(s) and wait for the certificate. You will be contacted if you did something wrong. The system is forgiving; but don't use that as an excuse to be sloppy. Good luck and enjoy your certificate.

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