being anynymous and copyrights

Anything about MUSIC but doesn't fit into the forums above.
Zamnix
KVRer
6 posts since 7 Nov, 2008 from Helsinki, Finland

Post Thu May 16, 2019 5:28 am

Hi..

Well.. I think its finally getting time to try out making some youtube account ánd or soundcloud
and put some music online, but I got unsure how to handle it.
I mean, I want use some alias for music, not my real name, but I want
my work obviously be copyrighted.. So... so how it goes 2019?
Pls enlighten me folks.

Ty
Sam

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jancivil
KVRAF
18240 posts since 20 Oct, 2007 from No Location

Re: being anynymous and copyrights

Post Thu May 16, 2019 10:05 am

If you really want to be protected and it's not your name, you want to register the Doing Business As, or name of the act/pseudonym in some way, connect it to your actual name in the process.

Winstontaneous
KVRAF
1553 posts since 15 Feb, 2006 from Berkeley, CA

Re: being anynymous and copyrights

Post Sat May 18, 2019 12:43 pm

Not sure of Finnish process, applying for American copyright there are places to put alternate names, aside from DBAs @jancivil mentions you should also register the pseudonym with a performance rights organization (PRO) - ASCAP, BMI, etc. Note that a pseudonym for a PRO publishing company doesn't need to be attached to a published DBA name to be legit. IANAL, but I believe you technically have copyright by creating something and just asserting you are the copyright holder...the filing backs it up in the event of any claims to the contrary.

That said, I've heard of weird cases where legit copyright holders have been subject to YouTube/other streaming service takedown notices & account cancellations when non-copyright holders posted this material first...pretty fvcked up when this crap is determined by algorithms!

And note that many online platforms (including YouTube) require you to assert full ownership of EVERYTHING if posting any content for monetization. This includes all samples, loops and factory instrument/DAW soundsets even if they are explicitly licensed as OK for commercial use in derivative works by their creators. I paid a high-profile IP attorney for an opinion on this - he said this is CYA monopolistic BS on their part, so if there's a claim you've indemnified them. I don't think it's actually legal for The Goog to contravene downstream license terms - but who has the deep pockets to fight them on it when they have the power to reset your view count or deactivate your account?

At the end of the day the idea that you can own an idea is pretty strange in itself. :party:
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Aloysius
KVRAF
23426 posts since 11 Aug, 2008 from the Land of Soy

Re: being anynymous and copyrights

Post Sat May 18, 2019 1:20 pm

Zamnix wrote:
Thu May 16, 2019 5:28 am
I want use some alias for music, not my real name
How about, Mim Jorrison? Polly Darton? Saylor Twift and The Lisps?
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jancivil
KVRAF
18240 posts since 20 Oct, 2007 from No Location

Re: being anynymous and copyrights

Post Sat May 18, 2019 10:21 pm

For ASCAP and BMI the name of the act is as good as a name, yes.

I have one thing I ever did which is very much a property worth stealing, it's a screenplay however, which I joined the guild (formerly known as SWG) to protect as well as registering copyright.
For my music on youtube, I state ALL RIGHTS RESERVED with my name and '©2019' to discourage people, albeit the music is most of it not all that accessible; there are however people stealing music for film use in this world.
In the US asserting copyright is a copyright.

deastman
KVRAF
7102 posts since 7 Aug, 2003 from San Francisco Bay Area

Re: being anynymous and copyrights

Post Sat May 18, 2019 10:40 pm

Writing ALL RIGHTS RESERVED has no legal effect. And you’ll need to register your copyright if you want to go after violators for anything more than statutory damages.

Sadly, I constantly run into well-meaning violators who believe that they’re entitled to use any material they want for any purpose they want, as long as they attribute credit to the original author. I don’t understand how that belief got started, that citing your sources permits you to still work from others.
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vurt
addled muppet weed
44290 posts since 26 Jan, 2003 from through the looking glass

Re: being anynymous and copyrights

Post Sun May 19, 2019 4:08 am

misunderstanding "fair use"
which i constantly see youtubers referring to, posting from the uk, where we dont have fair use :lol:

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Hooj
KVRist
416 posts since 23 Aug, 2012 from Way Out West

Re: being anynymous and copyrights

Post Sun May 19, 2019 8:32 am

deastman wrote:
Sat May 18, 2019 10:40 pm
you’ll need to register your copyright if you want to go after violators for anything more than statutory damages.

^ This ^

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Harry_HH
KVRAF
3457 posts since 4 Aug, 2006 from Helsinki

Re: being anynymous and copyrights

Post Sun May 19, 2019 8:40 am

Winstontaneous wrote:
Sat May 18, 2019 12:43 pm
Not sure of Finnish process...
In Finnland its easy piece of cake - the national organization Teosto has the use of pseudonym in their option. Just join Teosto and register you IP via their system, its valid internationally.

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jancivil
KVRAF
18240 posts since 20 Oct, 2007 from No Location

Re: being anynymous and copyrights

Post Sun May 19, 2019 10:51 am

deastman wrote:
Sat May 18, 2019 10:40 pm
Writing ALL RIGHTS RESERVED has no legal effect.
It may be considered as legally obsolete. However the meaning of this is, at one time it was legally required in asserting the copyright, along with ©. Now it isn't, technically. I would still do it, and as I said I strenuously protected one creation with the Copyright Office and registering w. the appropriate guild. Under my legal name btw, which was required.

The US is party to the Berne convention since 1989; which some argue supersedes the requirements above.
In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights.[21]
Berne

https://en.wikipedia.org/wiki/Copyright#Registration

By every definition I can find, asserting copyright here is automatically a copyright, cf., the Berne Convention.


There are distinct advantages of registering w. the Copyright Office if you're going to sue:

1. Establishes a public record of the copyright holder's ownership.

2. Enables copyright holders to sue infringers in federal court.

3. If made before or within 5 years of publication, establishes sufficient evidence in court concerning the validity of the copyright and the facts stated in the copyright certificate.

4. If registration is made within 3 months of publication of the work or at any time prior to an infringement of the work, the copyright owner is entitled to seek statutory damages and attorney's fees in federal court. Without registration, only an award of actual damages and profits will be available, and these can be quite difficult to prove.

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