Copyright and licensing (Music)

[dbavirt]

Now that I'm releasing some music, I'm interested in copyright. I understand that in the US, copyright is automatic, but it could be difficult to defend in court. I know you can register music ($30 per song, or is it per album?) I've also heard that you can mail yourself a copy and leave it unopened, but that this may not hold up in court.

I'm using Creative Commons share-alike, so it doesn't matter much unless someone tries to use my stuff commercially. But now I'm curious...what do you use? Do you register all your stuff, or use the mail-it-to-yourself method? What license are you using, or do you even bother? Do you tag your MP3's with copyright info? Any real-life experiences to share?

Edit: Sorry, didn't pay attention to where I posted. If someone knows how to move it, or can tell me how...

[atomic_(no)afro]

I salute you sir for releasing your material via creative commons. Once I get a full album of material worthy of release, I plan on doing the same as you. As for the whole copyright fiasco I wouldn't worry about it too much as the likelihood of someone doing something unauthorized with your music is small, and if it is done it will probably be small-time flash creators who themselves are not making a dime off your work. So in other words don't sweat it until there is something to sweat about. Copyrights mostly serve the bigger media groups in legal matters and act as a deterrent protecting the smaller media producers like yourself. Creative commons also helps give potential copyright abusers a different option than just straight ripping your work off. Given the cost/benefit of working within a creative commons license and getting some free promotion with no payment for the derivative work versus not working within creative commons and maybe if very lucky/talented getting paid for the derivative work along with the very likely chance of a lawsuit if one gets paid the logical choice would be to work with the original source creator under a CC license, and maybe get some free promotion from that original creator. Creative commons works by getting the lawyers and negotiations out of the process of creating derivative works. Since you are not on a major (or big indie) label, and therefore not at major risk of real piracy, as well as having the creative commons license which gears possible derivative works towards non-commercial, mutually beneficial means you have very little to worry about in my opinion when it comes to copyrights.

Obviously, I'm not a trained lawyer, and can't go into specifics but from my limited knowledge of this material you've done almost all that needs to be done in your case. Of course registering your music helps, but I don't think you really need to at this stage.

ATA

[manytone]

Hi
I moved it to everything else for you and put Music in the title

I used to mail a registered letter to myself...
Have not lately though ... Hmmmm
Paul

[Sepheritoh]

The procedures will be different in each country. It is true that copyright is automatic everywhere, but it is more a matter of proof. Here (in SA) it does not cost anything to register. I register my stuff with SAMRO, the music rights organisation affiliated to BMI. It has the advantage that - if one day - somebody plays your song on a radio you will get your 2c royalties. It also sounds cool to say you are registerd

Don't be so sure that nobody will want to ripp you off. It has happened to me that I found one of my tracks for sale on another website I never bothered anyway because I do not have the money for lawers in another country. If you are registered with BMI you just report it to them and they will write a friendly letter to the offending party to ask for the fair share of royalties. If they are making big bucks you are in luck, as standard royalties (if not specifically changed by contract) are often much more than what they would have earned through the sale of your song (then they will have to pay you royaties for each free download as well).

That is all in theory however, as BMI will only really bother if big bucks are involved.

[Newbie Brad]

In the US if you don't register your work with the Copyright Office before the date someone copies your work in an infringing way, you may possibly not have the extra rights you get by so registering. Those rights can possibly make the difference between "I was unable to sue because I can't afford it" and "my new lawyer reviewed the thing and said he would take the case on a contingent fee basis." The copyright office website has so much easy to understand information you need to go look at it. You can also find out there how to make an application to register a bunch of stuff together at one time for one fee as an unpublished collection.

[shamann]

One thing to keep in mind if you ever have to go to court, make sure you keep your source files. Important in defending copyright is proving you created the work, so documents that show the process of creation over time are very useful in those instances.

Cheers,
Steve

[dbavirt]

Thanks for all the suggestions and info. I had not thought of keeping my source, but it's a good idea, for several reasons now. Actually checked out BMI, read some of their info, and it freaked me out. It's nice to know I have the option, but for now I'm just not ready for the hassle. This is a hobby for me. I just wanted to make sure I wasn't screwing myself up front. But kudos to all you who make a living doing this, it takes guts and dedication!

[stoney]

What is "creative commons"

[stoney]

Also wondering, if you uploaded a song onto, for example, Sony's acid site, for other people to view, then would there be a record of when this was uploaded,
providing some evidence?

[Rock Hardbuns]

Sadly, I dont think an upload would hold much sway in court. Partly because digital evidence is easily manipulated, but mostly because a judge wouldnt be able to determine the validity of the stuff himself. I guess you could get an expert witness etc, but thats probably expensive. Also, I doubt any company would be willing to get involved in a lawsuit that doesnt directly concern them.

Creative commons is sort of a collection of opensource licenses for artistic material. It basicly says that you retain the copyright, but allow free redistribution for non commercial purposes. And some variations on that theme.

[shamann]

What is "creative commons"

http://creativecommons.org/

It was developed around the time of the Eldrid supreme court case in the U.S. Designed to be akin to open source software licenses for other creative works.

You as the legal holder of a copyrighted work can essentially add an extra license agreement on top of your copyrights to waive certain controls copyright law generally guarantees. Works ultimately like a EULA for software (click OK to agree).

Reasons for doing this would be the idea that fostering a healthy public domain/creative commons encourages the further development of art. In terms of commerce, it generally implies a service model rather than a product-based, supply and demand model as primary means of income. In many ways, these types of licenses work on the premise that we've moved from an economy of scarcity to one of abundance, trying to cope with the social changes that extend from the transition.

Also, if you're just looking for more exposure, granting third parties the right to freely redistribute your work might help.

Read essays by Eric Raymond or Lawrence Lessig to better understand the philosophies of open source and the creative commons.

Cheers,
Steve

[highdropod]

Where do you live? I think this has a big factor on whether or not you run the risk of someone jacking your music. I never had a problem with it until I moved to southern California. On that note, if you are serious about making some money off of your music, it is a good idea to have an attorney at your disposal to keep unscrupulous wankers from bending you over and having their way with you.

Any copyright questions (in the US at least) can be answered here:
http://www.copyright.gov/

also check this out: www.ascap.com

[dbavirt]

http://creativecommons.org/

If I want to allow certain use of my music, but not others, a Creative Commons license is useful.

Personally, I don't mind if people copy or share my music, as long as they aren't making money doing it. I also don't mind if people alter my music, as long as they released the altered creation under the same terms. I am, of course, open to other options, and if someone wanted to use my music commercially, I might allow them to do it free if they contact me. Similarly, someone might want to re-mix one of my tunes and sell it, and I might give them permission to do it for free.

[dbavirt]

Where do you live? I think this has a big factor on whether or not you run the risk of someone jacking your music.

I live in Utah, I'm not sure how much risk there is here. On the other hand, the Internet has broken down a lot of geographical boundaries. I'm curious, what experience did you have in Southern California?

Agreed, if I was really serious about making money off my music I would get an attorney involved. I'm not that concerned right now, but I would hate to see someone else start throwing my tunes on CD's and rolling in the dough without giving me some compensation.

[highdropod]

I put some new tracks on my site to get some feedback from my small fan base, and two months later, one of my friends asked me how much I got for the commercials for *blank*. I was pissed.

I've had 2 tracks jacked off of my website, one of which were used on a television commercial, and one was used as a stinger for a local production company. The one for the stinger didn't technically rip me off, but they took it and went ahead without my expressed written consent. They paid me eventually, so I let it be. My lawyer is dealing with *blank* right now so I can't really get into it.

None of that stuff was copyrighted, so I might be screwed one way or another.

My advice to people thinking that LA is the place to "make it", is to go somewhere else. This place is filled with fiends that want everything for free and will exploit people if it helps them buy a new Jaguar. Get established somewhere else, and get a lawyer before you consider moving to south cali. Nice place, but not a good area to start or end one's career.

I don't care if other people use my music as long as they have the balls to ask for it, but I certianly don't like people making money off of my tracks without giving me some sort of compensation.