Library Placements: Copyright Registration Best Practice

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solidwalnut
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Library Placements: Copyright Registration Best Practice

Post by solidwalnut » Wed Sep 25, 2013 5:20 pm

For those of you with a large number of library placements: what are your best practices for seeking copyright registrations for your works?

I'm a writer who understands the copyright registration procedure well, and have a number of copyrights. I just want to get a feel for how the library placement crowd approaches this. If it's the same way, that could be some large bucks. I suppose you could copyright collections for less money...how do YOU handle this?

Thanks,
Steve
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Re: Library Placements: Copyright Registration Best Practice

Post by jdstamper » Wed Sep 25, 2013 8:24 pm

Following is just my opinion ...

There's nothing wrong with copyrighting a track as part of a collection, and it's a big savings on the registration fee.

Copyright handling varies depending on the agreement. With a non-exclusive agreement you retain the copyright.

With an exclusive agreement the library / publisher will often require that the copyright be re-assigned to the library for the term of the agreement. The copyright assignment happens via another form filed with the copyright office. I don't think it's a problem if that song was copyrighted under a collection, but I haven't had that exact situation.

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Re: Library Placements: Copyright Registration Best Practice

Post by solidwalnut » Wed Oct 02, 2013 11:19 pm

I know you Taxi vets have probably answered this q many times before...and I've done some searching of the forum and have found some answers. But I don't see many people saying how THEY handle this question, and I'd be very interested in hearing some stories.

So, what is YOUR usual approach to obtaining copyrights? SR? PA? PA collection? You skip it altogether? You don't bother, you just wait because a library might claim the publishing and file the song? Or, you don't bother at all...? No judgements, just curious about your approach.

I don't have experience with libraries yet. But here's one approach I've used as an artist. I've often submitted separate PA applications as unpublished works. Then when the CD comes out, I'll submit one SR application and reference those registration numbers, killing three birds with one stone: The individual titles now have an SR registration, the previous unpublished works are now registered as published, and the entire work has an SR registration.

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Re: Library Placements: Copyright Registration Best Practice

Post by CHuckmott » Thu Oct 03, 2013 5:32 am

Is a good question. I doubt many are copyrighting their stuff track by track. On the other hand, most write and submit rather quickly. I also register mine with my PRO about as soon as I write them. But probably wait until I have a cd full to copyright. SAying that does make me feel vulnerable though.

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Re: Library Placements: Copyright Registration Best Practice

Post by Casey H » Thu Oct 03, 2013 7:00 am

This whole subject gets very complicated and I'm not qualified to delve into the legal stuff.

But you generally do *NOT* have to file both a PA and SR form. You can copyright music, lyrics, and sound recording all on an SR form and save money. Check with the Copyright office and they will confirm this and explain how to fill out the form correctly.

The only reason to file both a PA and SR that I can think of (off the top of my head!) is if there is a long time between writing the track and recording it. *IF* you would be sharing a demo of the rough idea and want that protected under copyright law, you could file a PA and do the SR when the recording is finalized.

:D Casey

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Re: Library Placements: Copyright Registration Best Practice

Post by solidwalnut » Thu Oct 03, 2013 5:37 pm

Casey H wrote:...The only reason to file both a PA and SR that I can think of (off the top of my head!) is if there is a long time between writing the track and recording it. *IF* you would be sharing a demo of the rough idea and want that protected under copyright law, you could file a PA and do the SR when the recording is finalized.

:D Casey
I hear you, Casey. I guess if it were all so simple then we'd all be doing it the same way. What you wrote above is essentially the reason why I did it in that way.

The reason I filed both (keep in mind that it was multiple PA but ONE SR): The LOC requires a copyright claimant to declare whether a work is unpublished or published, since the original author(s) have the first right to record a work (unless they sign away that right). So, while the gov isn't in to this for the marketing implications, it IS in it for the protection of the holder of the copyright. So, only for the reasons of calling the gov as a witness to the (never arriving! 8-) , but ya never know!) infringement trial, they require that you notify them upon publication and send them copies of the work so that becomes a part of the record of the copyright. So this is the only reason I chose to do it in the above manner.

But in the real world of making money with music in library situations, it doesn't make sense to handle it this way (with the exception that a person chooses to only work with exclusive deals. I'm reading here that in the world of non-exclusive and re-titling/multiple copies of works out there in space, that this whole gov protection scheme just may as well be thrown out the window).

So, the only reason I posted this was to try and learn how TAXI members are handling these library deals in regard to copyright protection. It seems the vast majority of deals are about dealing with libraries only. Regular single-song copyright protection procedure is fairly straight-forward.

How do YOU who have dealt with libraries follow any routine of filing for copyrights? While I am definitely interested in all member's philosophies regarding copyright protection, I'm more interested in hearing how members actually go about their routine.

Thanks Casey! :D
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Re: Library Placements: Copyright Registration Best Practice

Post by sguiles » Thu Oct 03, 2013 6:27 pm

I haven't filed copyright forms in a loooooooong time. I don't think I've officially copyrighted ANYTHING that I've submitted for Taxi.

My thought has been that so much of what I've written and recorded has thousands of bytes of information related specifically to creation date that I'm sure if I needed to I could easily use that as evidence against someone infringing my writing or lyric, especially if it's available online for everyone to see.

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Re: Library Placements: Copyright Registration Best Practice

Post by solidwalnut » Thu Oct 03, 2013 6:32 pm

Thanks Steven.
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Re: Library Placements: Copyright Registration Best Practice

Post by EricB » Sat Oct 05, 2013 8:12 pm

sguiles wrote:I haven't filed copyright forms in a loooooooong time. I don't think I've officially copyrighted ANYTHING that I've submitted for Taxi.

My thought has been that so much of what I've written and recorded has thousands of bytes of information related specifically to creation date that I'm sure if I needed to I could easily use that as evidence against someone infringing my writing or lyric, especially if it's available online for everyone to see.

/2 cents/
This is true, but unfortunately you can't take someone to court over a song that is not officially registered with the government. And I've been told the longer you wait the less of a case you have to protect your intellectual property.
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Re: Library Placements: Copyright Registration Best Practice

Post by solidwalnut » Sat Oct 05, 2013 11:57 pm

EricB wrote:
sguiles wrote:I haven't filed copyright forms in a loooooooong time. I don't think I've officially copyrighted ANYTHING that I've submitted for Taxi.

My thought has been that so much of what I've written and recorded has thousands of bytes of information related specifically to creation date that I'm sure if I needed to I could easily use that as evidence against someone infringing my writing or lyric, especially if it's available online for everyone to see.

/2 cents/
This is true, but unfortunately you can't take someone to court over a song that is not officially registered with the government. And I've been told the longer you wait the less of a case you have to protect your intellectual property.

Yah, I'm not sure of all of the implications, but copyright law states that if an author files for a copyright within 5 years of the date of creation, then that is prima facie evidence, or that within the first five years no other proof is necessary.
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