Movie and Music Copyright Questions

[quincy]

Yes. Beethoven's works are in the public domain. You are free to use anything published prior to 1923. The copyrights in the works have expired.

Your friend has the rights in his performance, however.

And you are only able to use your own version of a Beethoven work. If the Detroit symphony has recorded a version, their version is copyrighted. You cannot use their version without permission.

 

[ChrisCopyright]

Thanks.
Ok, so I can still copyright his performance though? Even though my friend performed it (and I recorded it). But it's in a movie I created. Hmm. Not sure how that works. So both our names with be on it, but he will have all the rights? Or would it be better for him to copyright it himself?

Also I took his piano performance and added some orchestral music (that I arranged) to it for another part of the movie. So that is a separate song altogether with both he and I performing it. So I assume I can copyright that, but we both have the rights to it.

Nothing was performed by anyone other than my friend and I, so we are set with that.

 

[quincy]

Any original and creative work once fixed in a tangible form is automatically protected under copyright laws. Your friend can record his performance and transfer some or all exclusive or nonexclusive rights in his performance to you.

Musical works can have two types of copyrights - one that protects songs and one that protects sound recordings. You/your friend will have a sound recording copyright.

You can with your friend create a joint work which combines his contribution with your contribution to create a single work. You and your friend would share equally in the copyrights.

You can create a joint ownership agreement that provides for something other than equal ownership, however.

 

[ChrisCopyright]

Any original and creative work once fixed in a tangible form is automatically protected under copyright laws. Your friend can record his performance and transfer some or all exclusive or nonexclusive rights in his performance to you.

Musical works can have two types of copyrights - one that protects songs and one that protects sound recordings. You/your friend will have a sound recording copyright.

You can with your friend create a joint work which combines his contribution with your contribution to create a single work. You and your friend would share equally in the copyrights.

You can create a joint ownership agreement that provides for something other than equal ownership, however.

Thanks so much for taking the time to answer my questions!

 

[quincy]

Thanks so much for taking the time to answer my questions!

You're welcome, ChrisCopyright. I appreciate the thanks.

You would be smart to have an IP attorney in your area go over all of your works to make sure everyone's rights are properly protected. Having all arrangements that are made solidified in written agreements is advised.

Good luck.

 

[ChrisCopyright]

I'm back!
Currently I'm making some trailers for my movie. Another new experience. I'm wondering if I should Copyright the trailers separately from my movie? I haven't copyrighted my movie yet since I may need to reshoot part of a scene, however, that part of the scene will not be in the trailers.

 

[PayrollHRGuy]

Repeating what Quincy already told you. "Any original and creative work once fixed in a tangible form is automatically protected under copyright laws."

 

[ChrisCopyright]

Repeating what Quincy already told you. "Any original and creative work once fixed in a tangible form is automatically protected under copyright laws."

I understand that, but I also read that if I were to take someone to court, I have more of a chance to win if my work is protected with the copyright office. I guess I'm really asking if an Independent movie maker usually would register a trailer in general. I don't know any other film makers yet to ask them. Maybe that's a question for the film forum. Thank you.

 

[FlyingRon]

Before you can take someone to court, you MUST register it. Not sure what you mean by chances to win. If you register it within 3 months of creation or BEFORE you get infringed, then you are entitled to statutory damages. If you register it within 5 years of creation, it helps with a de facto proof of copyright. Registration also helps with regard to US customs when fending off importation of infringing works.

 

[quincy]

I'm back!
Currently I'm making some trailers for my movie. Another new experience. I'm wondering if I should Copyright the trailers separately from my movie? I haven't copyrighted my movie yet since I may need to reshoot part of a scene, however, that part of the scene will not be in the trailers.

It costs $35 to register a work with the US Copyright Office. If you plan to release your trailers, it does not hurt to register them. They are creative works and differ from your movie.