Avoiding songs falling into public domain or losing rights

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geercom7
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Avoiding songs falling into public domain or losing rights

Post by geercom7 » Sat Jan 21, 2017 8:21 am

As a songwriter, can putting songs up on Sound Cloud, etc, or sharing them publicly as either a link or MP3 file put the song at risk of entering the public domain or the writer otherwise losing song rights? Any songs I feel have any value I typically file form PA. Is that enough to protect it in such instances?

Len911
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Re: Avoiding songs falling into public domain or losing rights

Post by Len911 » Sat Jan 21, 2017 9:44 am

Yes, however it is so rare, that if it happens to you, you will be the first in history to have had it happen. :P Just kidding! ;)

I think that is the first question people have before they post their music. The reality is that you almost have to beg people to listen.
https://soundcloud.com/huck-sawyer-finn
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Re: Avoiding songs falling into public domain or losing rights

Post by NaeDae » Fri Feb 03, 2017 8:00 am

geercom7 wrote:As a songwriter, can putting songs up on Sound Cloud, etc, or sharing them publicly as either a link or MP3 file put the song at risk of entering the public domain or the writer otherwise losing song rights? Any songs I feel have any value I typically file form PA. Is that enough to protect it in such instances?
Even if you have amazing music, people won't listen unless you actively promote it. If someone steals your song AND manages to make real money off it, you could easily sue and win. And it's hard to make money off music unless it goes absolutely viral. I have a song that's gotten 30,000+ plays on youtube and 10,000+ plays on soundcloud and I haven't made a cent off it. No one pays for downloads unless they're already a fan, so the odds of making money off a one-off hit, much less one you STOLE from some random guy on soundcloud is SO INCREDIBLY UNLIKELY it's not even crossing my mind when I put something out.

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Re: Avoiding songs falling into public domain or losing rights

Post by hummingbird » Fri Feb 03, 2017 10:29 am

Just a comment that making your song public in some way does not negate your copyright ie doesn't give others a right to your work. A song or instrumental is copyright as soon as you put it in tangible form. You are still the copyright holder whether it's registered or not.

Wiki
"In the United States, determining whether a work has entered the public domain or is still under copyright can be quite complex, primarily because copyright terms have been extended multiple times and in different ways—shifting over the course of the 20th century from a fixed-term based on first publication, with a possible renewal term, to a term extending to fifty, then seventy, years after the death of the author. The claim that "pre-1923 works are in the public domain" is correct only for published works; unpublished works are under federal copyright for at least the life of the author plus 70 years.

In most other countries that are signatories to the Berne Convention, copyright term is based on the life of the author, and extends to 50 or 70 years beyond the death of the author. (See List of countries' copyright lengths.)"

Caveat- I am not a lawyer. But I do think it's important that composers and songwriters understand what copyright is, how it works, and what their options are in terms of protecting their work.

You might want to read this, and some of the articles listed on the right, so you can make an informed decision,
https://www.taxi.com/music-business-faq ... formation/

cheers
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Len911
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Re: Avoiding songs falling into public domain or losing rights

Post by Len911 » Fri Feb 03, 2017 4:20 pm

Has anyone actually read those things the president keeps signing? He may have already undone the copyright laws! :shock: :P
https://soundcloud.com/huck-sawyer-finn
Not an expert on contemporary music

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