copyright laws for a band.

[CrowBlackDream]

hello

i am in a band and we just released a CD and want to copyright our music, lyrics, pics, etc.

i have a few questions :
does it cost money to copyright?
how do i copyright?
can i copyright the music itself, or only the lyrics?

any other info would help greatly.
thanks

--clint d.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by
CrowBlackDream:
hello

i am in a band and we just released a CD
and want to copyright our music, lyrics,
pics, etc.

i have a few questions :
does it cost money to copyright?
how do i copyright?
can i copyright the music itself, or only
the lyrics?

any other info would help greatly.
thanks

--clint d.<HR></BLOCKQUOTE>

Your CD is considered published work and should be protected under US copyright laws. You can copyright both the lyrics and the music. There is a fee schedule and you need to register your published work with the US Copyright office. You should also talk to recording engineers and producers in your area to learn more about this issue as it pertains to musicians and recording artists. On the national level talk to ASCAP and BMI. Copyright is the key (pardon the pun) and if you have a hit song, that is how the big royalties are paid. I suggest that you not only learn the music as in the proficient playing of your instruments and performing/recording but also the music business. Learning the business of music is critical and for your own protection. In the music industry there are various legal aspects such as performance and recording contracts, accounting, taxes, management contracts, contracts for sound reinforcement, lighting etc., marketing/PR, copyright issues etc. You should know your legal rights with respect to your own published and copyrighted works just the same as you know how to play a F#m7 chord. If you need legal advice talk to an attorney that specializes in entertainment law. Good luck and Play On or should I say Rock On.

[This message has been edited by HomeGuru (edited May 27, 2000).]

 

[Tracey]

You automatically got a copyright when the works were reduced to final form. i.e. recorded or written down. However, to avail yourself of the wonderful draconian federal copyright laws, you need to register the copyrights. Check your local library for self-help law books on how to do this.

You may also want to trademark your band's name.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[CrowBlackDream]

ok so let me get this straight.

since i recorded the bands cd it is copyrighted so no one can steal the lyrics or music right?

if this is true, then why should i pay to have it officialy done? why not just leave it the way it is?

in other words, talk to me like im 2.

it would be best if you would email me at [email protected]

thank you all.

--clint d.

 

[Tracey]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by CrowBlackDream:
ok so let me get this straight.

since i recorded the bands cd it is copyrighted so no one can steal the lyrics or music right?

if this is true, then why should i pay to have it officialy done? why not just leave it the way it is?

in other words, talk to me like im 2.

it would be best if you would email me at [email protected]

thank you all.

--clint d.<HR></BLOCKQUOTE>


Yes, you already have a copyright. The US signed the Berne Convention, which makes copyrights spring into being fully formed, as Athena sprang from Zeus' forehead. (sorry. got a little poetic there. )

Copyrights do not "protect" you from infringement, any more than a deadbolt protects you from being burgled. You have to sue the offenders to enforce your copyright laws. (At least the State will sue the burglar for you!)

The reason you pay to REGISTER the copyright is so that, when someone steals your lyrics or music, you can sue them in FEDERAL court and get triple damages + attorney fees. The attorney fees part is the critical feature. Copyright suits are very expensive and don't pay that much, usually. The threat of attorney fees makes copyright violators roll over and play dead, so you don't have to go to court.

Also, if you register the copyright and submit a sample of the work (a CD) to the registry office, it's lots easier to prove that the defendant copied the work. To prove copying, you have to prove that the defendant had access to your work and COPIED it. Defendants always say, "It was just a coincidence, honest!"

This is why TV & movie companies don't let any of their script writers see written plot submissions. If the writer never saw it, she couldn't have copied it. Unless of course the script was also posted on the net and the writer had access to the web. Fanzine websites are copyright infringement HELL for TV studios. BWAAHAAHAAHAA.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[CrowBlackDream]

ah i see!
this is excellent

thanks for all your help

--clint d.

(PS - im now building a recording studio, so im guessing that i have to go through even more BS about the studio name and that stuff. so i may be back later)

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:

Yes, you already have a copyright. The US signed the Berne Convention, which makes copyrights spring into being fully formed, as Athena sprang from Zeus' forehead. (sorry. got a little poetic there. )

Copyrights do not "protect" you from infringement, any more than a deadbolt protects you from being burgled. You have to sue the offenders to enforce your copyright laws. (At least the State will sue the burglar for you!)

The reason you pay to REGISTER the copyright is so that, when someone steals your lyrics or music, you can sue them in FEDERAL court and get triple damages + attorney fees. The attorney fees part is the critical feature. Copyright suits are very expensive and don't pay that much, usually. The threat of attorney fees makes copyright violators roll over and play dead, so you don't have to go to court.

Also, if you register the copyright and submit a sample of the work (a CD) to the registry office, it's lots easier to prove that the defendant copied the work. To prove copying, you have to prove that the defendant had access to your work and COPIED it. Defendants always say, "It was just a coincidence, honest!"

This is why TV & movie companies don't let any of their script writers see written plot submissions. If the writer never saw it, she couldn't have copied it. Unless of course the script was also posted on the net and the writer had access to the web. Fanzine websites are copyright infringement HELL for TV studios. BWAAHAAHAAHAA.

<HR></BLOCKQUOTE>

Tracey, good job as usual on the postings. I enjoy reading yours and those of IAAL. I usually stick to my real estate BB stomping grounds but once in awhile take a scenic route.