Copyright Dilemma

erik · Posted 5 Apr 2000 4:48 pm

Here is my situation:

I have a handful of songs that i wrote during the eighties. I never recorded them but i did complete them using pen (for lyrics) and guitar. It is quite possible that i will not find any record of what years they were written. Now, i'm thinking i might want to make demos to turn into mp3s to share online. I will then need to file for copyright. What do i put for year of completion? Anyone know?

Ken Lang · From: Simi Valley, Ca

Copyrights run from the day they are officially filed and given a number. When they were written is not a factor.
Ken

Jim Cohen · From: Philadelphia, PA

Ken, what you say is technically true, I believe. But I've also heard it said that a song is "copyrighted" the moment you create it (even if nobody else has a copy or has ever heard it). (Of course, proving it's yours and that you had created it by a certain date can be difficult, so that's why people use the "official" copyright route.) Nevertheless, if the copyright form asks for when the work was "created" (and I don't recall whether it asks this or not), then if you write down the year "2000", when in fact it was, say, 1982, this could possibly leave you a bit vulnerable. For instance if, in the year 2002, you discover that in 1990 someone else recorded your song without your knowing it, but you wrote on your copyright form that you didn't create it until 2000, then you might the one accused of plagiarism!
Anyway, this is probably very hypothetical, and unlikely to happen unless you're an amazing songwriter and people are just falling over themselves to steal from you.

John Macy · From: Rockport TX/Denver CO

Jim,

You're doing your homework, I see.

He is right, the copyright becomes valid when the pen leaves the paper. The best proof is registration, and the best registration is the Library of Congress.

If you do not have dates and witnesses to back them up, it gets a bit more difficult. But at least get them registered now. You can copyright them as a collection for one filing fee of $30 instead of $30/song.

erik · Posted 6 Apr 2000 1:25 am

Thanks for everyone's input, but still i'm at a loss for what years i should use. Also, the copyright laws changed in 87. How would that affect a song i might claim i wrote in, say, '85?

I have to look in the boxes i have in storage and hope i find lyric sheets with dates on them.

Colin Black · From: San Juan, Puerto Rico

Erik--

Jim and John's comments are right on. In particular, building on a comment by John, you could include these older songs in a compilation with songs created much more recently and use one (the most recent) date for the entire compilation. Saves money as well as time and headache. Of course, that doesn't get past the problem posed by Jim, but I would imagine that it is pretty unlikely that someone will try a stunt like that. If you're really worried, take your best closest guess of the actual time of creation.

As to the effect of the change of copyright laws, there are some great webpages which discuss copyright directly as it affects songwriters. You might do a web search for music copyright. Check the Copyright Office for sure. Harmonycentral.com or Getsigned.com might be able to point you in the right direction, too.

Good luck, and let us know when you get those mp3's up.

Colin

Ken Lang · From: Simi Valley, Ca

Copyright form PA. Works prepared for the purpose of being performed...(by any means or process.)

Section 3. Year in which creation of this work was completed.

General instructions: Under the statute, a work is "created" when it is fixed in a copy or phonorecord for the first time. Where a work has been prepared over a period of time, the part of the work existing in fixed form on a particular date constitutes the created work on that date. The date you give here should be the year in which the author completed the particular version for which registration is now being sought, even if other versions exist or if further changes or additions are planned.

(This business of music) by Sidney Shemel and M. William Krasilovsky copyright 1985, pg 480

Ken

John Macy · From: Rockport TX/Denver CO

Some more food for though from The Library of Congress:

A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically
protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an
additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who
did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire,
and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office
records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is
shorter.

Copyright Secured Automatically Upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or
other action in the Copyright Office is required to secure copyright. There are, however,
certain definite advantages to registration. See "Copyright Registration."

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy
or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually
perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film,
videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by
statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song
(the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the
created work as of that date.

COPYRIGHT REGISTRATION

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a
particular copyright. However, registration is not a condition of copyright protection. Even though registration is
not a requirement for protection, the copyright law provides several inducements or advantages to encourage
copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim.

Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

If made before or within 5 years of publication, registration will establish prima facie evidence in court of
the validity of the copyright and of the facts stated in the certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work,
statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise,
only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service
for protection against the importation of infringing copies. For additional information, request Publication
No. 563 from: Commissioner of Customs, ATTN: IPR Branch, U. S. Customs Service, 1300
Pennsylvania Avenue, N. W., Washington, D.C. 20229.

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work
has been registered in unpublished form, it is not necessary to make another registration when the work becomes
published, although the copyright owner may register the published edition, if desired.

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