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Movie and Music Copyright Questions

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What is the name of your state? NJ
Hi.
After I copyright my movie and music (in the movie) am I free to revise them? Make adjustments?
For example, if I reshoot a scene for the movie or add another music track to one of my songs.
Does this affect the copyright? Do I need to go through the process again?

Also when I copyright a movie, does this mean the soundtrack music is copyrighted also?
Thanks for reading.
 


quincy

Senior Member
What is the name of your state? NJ
Hi.
After I copyright my movie and music (in the movie) am I free to revise them? Make adjustments?
For example, if I reshoot a scene for the movie or add another music track to one of my songs.
Does this affect the copyright? Do I need to go through the process again?

Also when I copyright a movie, does this mean the soundtrack music is copyrighted also?
Thanks for reading.
Anything you create yourself is already copyrighted. As copyright owner, you are free to alter or modify or create derivatives of your original and creative work.

You can register your original copyright with the US Copyright Office and any derivative works - although registration is not a requirement in the US to be offered copyright protection.

Registration DOES make you eligible for statutory damages in the event your work is infringed, however, which makes registration at $35/work a wise investment.

You should consider a separate copyright registration for your movie soundtrack.
 
Anything you create yourself is already copyrighted. As copyright owner, you are free to alter or modify or create derivatives of your original and creative work.

You can register your original copyright with the US Copyright Office and any derivative works - although registration is not a requirement in the US to be offered copyright protection.

Registration DOES make you eligible for statutory damages in the event your work is infringed, however, which makes registration at $35/work a wise investment.
Thanks! OK so just to clarify, AFTER I register with the US Copyright Office, I can modify my movie/music and still be protected under the exact same Copyright I registered?
 

quincy

Senior Member
Thanks! OK so just to clarify, AFTER I register with the US Copyright Office, I can modify my movie/music and still be protected under the exact same Copyright I registered?
You can do any modifications at any time, with or without registration, if you are the sole copyright holder.

All versions of your original and creative works are protected under copyright laws. Only registered works are eligible for statutory damages, however.
 

FlyingRon

Senior Member
To be precise, you also need to register before you can file in federal court. You can do that at any time (even after the infringement takes place), but you as Quincy says, you lose the statutory royalties and a few presumptions in the proof process.
 

quincy

Senior Member
To be precise, you also need to register before you can file in federal court. You can do that at any time (even after the infringement takes place), but you as Quincy says, you lose the statutory royalties and a few presumptions in the proof process.
Ah, I missed that. Yes. Before filing a copyright infringement suit, the copyright holder needs to federally register the copyrighted work.

Once a copyright registration application has been filed (and assuming the registration is later approved) or if the copyrighted work is already registered, the copyright holder can file an infringement suit. A federal court can then grant an injunction to stop the infringer from infringing.

If the copyright registration occurs BEFORE any infringement, the copyright holder is eligible to collect statutory damages of between $750 and $30,000 per infringed work (or up to $150,000 for willful infringement).

If the registration occurs AFTER the infringement, the copyright holder can be held to collecting compensatory damages (actual losses and profits).
 

justalayman

Senior Member
One question the op had that doesn’t seem to be answered


He asked if the initial registration would cover any later amended/altered (derivative) works without registering the additions/alterations. Op repeated it as quincy wasn’t clear in his answer.

And to make the question actually pertinent I pose this situation


Op creates movie and registers it. Op then edits movie adding 17 minutes and produces a directors cut (you know how those directors like to keep changing stuff, even after the movie is released). The directors cut additional footage is not registered.

Somebody comes along and uses part of the directors cut 17 additional minutes in a way that would be infringement


So, does this mean op is limited to actual damages since the portion used is not registered or is he eligible for statutory damages since it is a derivative work of one that is registered

And along with that, does the additional 17 minutes of the directors cut have to be registered prior to suing for infringement or does it sort of a ride along due to it being a derivative of the registered work?
 

quincy

Senior Member
One question the op had that doesn’t seem to be answered


He asked if the initial registration would cover any later amended/altered (derivative) works without registering the additions/alterations. Op repeated it as quincy wasn’t clear in his answer.

And to make the question actually pertinent I pose this situation


Op creates movie and registers it. Op then edits movie adding 17 minutes and produces a directors cut (you know how those directors like to keep changing stuff, even after the movie is released). The directors cut additional footage is not registered.

Somebody comes along and uses part of the directors cut 17 additional minutes in a way that would be infringement


So, does this mean op is limited to actual damages since the portion used is not registered or is he eligible for statutory damages since it is a derivative work of one that is registered

And along with that, does the additional 17 minutes of the directors cut have to be registered prior to suing for infringement or does it sort of a ride along due to it being a derivative of the registered work?
Any unauthorized use of copyrighted material is infringement (with few exceptions), and the copyrighted material is protected under copyright laws, whether the material is registered or not.

Derivative works should be federally registered, however, if the copyright holder wants to be eligible to collect statutory damages.
 

justalayman

Senior Member
Any unauthorized use of copyrighted material is infringement (with few exceptions), and the copyrighted material is protected under copyright laws, whether the material is registered or not.

Derivative works should be federally registered, however, if the copyright holder wants to be eligible to collect statutory damages.

So, From what I read into the op’s question, the answer is;

the additional material would be treated the same as any other unregistered works. To sue in federal court (over an issue involving the added material), it would have have to be registered and whether statutory damages or compensatory damages would be available would be based on whether the op registered the work no more than 3 months after first publication but prior to the infringement or no more one month than after the infringement if it has been no more than 3 months after first publication. Registration outside of those timelines only compensatory damages would be available

I think I have that right but please correct me if I am incorrect.
 

quincy

Senior Member
So, From what I read into the op’s question, the answer is;

the additional material would be treated the same as any other unregistered works. To sue in federal court (over an issue involving the added material), it would have have to be registered and whether statutory damages or compensatory damages would be available would be based on whether the op registered the work no more than 3 months after first publication but prior to the infringement or no more one month than after the infringement if it has been no more than 3 months after first publication. Registration outside of those timelines only compensatory damages would be available

I think I have that right but please correct me if I am incorrect.
Sounds correct. :)

You often see in books several different copyright dates because there have been revisions or additions to the original work. All versions are protected.
 
Last edited:
I have another question!
When I copyright my movie music all at once, should I be copyrighting every song in my soundtrack?..... including very short film score instrumentals, and performances of public domain music by Beethoven and Bach (as well as including longer songs I wrote and performed.)
 

quincy

Senior Member
You can register the copyright in the soundtrack as a whole and you can register all works in the soundtrack separately.

Having the copyrights in the individual pieces of the whole registered would be smart.
 

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