Copyright Termination

Music copyright – The Basics

Copyright is an issue with many elements involving the protection of intellectual property. Two of the most common misunderstandings when it comes to copyright is that no copyright notice is required to make something copyrighted and someone using copyrighted material is still in breach of that copyright, even if they are not making money from it.

Almost all things are copyrighted the moment they are written, and no copyright notice is required. The mere act of putting something in tangible form is enough, but it would then fall to the owner to prove or provide as much evidence as possible that he/she created it and when it was created.

Copyright is still violated whether you charged money or not, but not charging may result in smaller damages being given

Copyright varies in each country in particular the UK and the US. Most elements are similar but there is slight variances. Being a copyright owner gives you the exclusive right to copy the work, make copies of the work to distribute to the public, adapt the original work and to broadcast and perform the works. There are two duration periods within this act in protecting the works.

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One is for the copyright in the musical works, such as the melody and lyrics. This is for the life of the author plus seventy years. The second is for the musical recording, which is for the life of the author plus fifty years. There are always debates and discussions as to whether the duration of the above acts should be changed.

This is particularly the case as the U.S has a longer protection period for musical recordings of ninety five years. So far this hasn’t changed but watch this space. There is also the challenge of the digital/information age where protection, illegal reproduction and downloading of music is hard to control. This is resulting in creative owners and producers not receiving the financial reward and payments they deserve.

“Essentially it is a simply process. As soon as you put your music or lyrics down in tangible form it is (in most countries) immediately copyrighted without you having to do anything! Great, but there’s a catch .. although you have immediate copyright control, if someone steals your work you will need to prove that you came up with the idea before the other person.”

better known as Apple Beam studios comments:

If a copyright dispute goes to court it is a case of ‘who has the most proof wins’. So if two people claim to have written a song on the same day, but one posted it to himself by recorded (date stamped) mail, he will have the stronger case. But, if the other can show the logic or pro tools data files that perfectly match the computer audio sound wave files, he will have a stronger case and so on.

The key is to take steps to document your creation, whether it be keeping computer DATA files, sending your song to an online copyright office or sending it to yourself by recorded post (don’t open it when it arrives).

Source: ArticlesBase.com

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Poor Man?s Copyright: Legally Binding?

Getting copyright for your own original work is something that is advised under the law, particularly if there is something about your work that makes it likely to be either copied or used for any purpose against your will. Being the creator of a piece of work is something that can provide both financial riches and personal kudos. If, however, you have not copyrighted this work, you will have problems trying to prove ownership further down the line.

Of course, copyrighting your work will cost money. This is all very well and good if you are a successful artist who has been selling their pieces for some time and has the money in the bank to pay copyright fees. The expense is not huge – especially when compared with some other legal services – but it still brings into the matter a question of whether copyright law discriminates against poor, struggling artists. If you happen to have an idea that you imagine may well be lucrative, but not the money to copyright it, then you may feel that you are being unfairly prevented from protecting your idea.

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One solution that has been mooted in this situation is the practice known as “Poor Man’s Copyright”. As the name suggests, it is a way of demonstrating that one has taken action to protect their idea, and doing so without having to spend a large amount of money when one cannot reasonably afford to. The practice itself is fairly straightforward and simple, and based in some genuinely clever thinking. The idea is that if you take a copy of the work and send it to yourself through the mail, there will be a date postmarked on the envelope showing when it was sent. If someone then tries to copy your work or pass a version of it off as their own you have a way of showing that you had the idea first and took steps to protect it.

The fact is, however, that Poor Man’s Copyright is not legally binding. No provision is made in US copyright law regarding such protection, so people responsible for original work are still required to put it through the process of applying for copyright if they want total, full copyright protection. This is not an advantageous situation for anyone who has an idea while down on their luck financially.

However, it is still worth going through the process of sending the work to yourself. It can be used as evidence where there is reasonable doubt, and more importantly it can be a way of providing notice to any potential plagiarist that you are mindful of people trying to steal your ideas. In any potential case where you may sue for plagiarism, it is always desirable to be as fully armed as possible for any legal battle. After all, it is potentially a question of substantial, repeated future earnings and you want to put your foot down to protect those.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

Source: ArticlesBase.com

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