Another copyrights question

[eeoo]

Howdy all,
I write alot of the tunes for the band I am in. I also have my own versions of these songs that I use to pitch to various opportunities like Taxi listings. We've decided as a band to split any money made from our record, ie licensing, evenly. So my question is can I have different copyrights for different versions of the same song? Thanks guys! eo.

[simonparker]

My response to you is to seek a qualified entertainment attorney to get a definitive answer.

There are too many variables to try to give an answer to this based on experience...

1) did you rerecord your performance for your version, and if so, did you use different musicians?
2) Do you have a legal document defining your royalty splits?
3) Have you already filed a copyright?

[eeoo]

Thanks Simon
The original versions are just me in my home studio.
No, we have no document specifying royalty splits.
No, I have not yet filed a copyright.
Thanks again for your time. eo.

[simonparker]

ok - can't give legal advice - should see an entertainment attorney for specific advice.

Still pretty tough to give you an answer here. So others hopefully can chime in.

In my opinion my gut is telling me that I think you're ok to file form CO as both sound recording and Performing Arts work (words and music) using your band's recorded versions of the tunes and not needing a separate copyright in either catagory for your version.

One issue I have is that your version of the song does not have other band members on it, and should that version be released as a single or appears in film/tv, the sound recording aspect might not be fully "registered" in the sense that the version you filed with the Copyright office has different "performances" than the version you'd be using. Keep in mind that sound recording splits "performance" equally on the category Sound recording unlike the catagory performing arts which allows for different "splits" in royalties. That is, and it's only my understanding, all players on a given performance are treated as equal for sound recording, whereas, for songwriting splits (i.e. words and music), you can allocate different percentages on the copyright registration in correlation to any agreement you have with other writers and it would be valid.

Given that your version is "not covered" if you only submit your bands' recorded version for copyright, it could create difficulties when it comes to performance royalties as you'd in theory be entitled to the 100% of this amount for your version, versus the split you have under agreement. However, I think all that's splitting hairs, as you performed on your band's version of this song as well and I don't think anyone is really going to bring up differences between the two versions.

The other issue, which really goes back to the basis of your question - can you file a separate copyright? The answer is yes. Under part 4 of the CO form, you can "exclude" certain aspects of the copyright registration. Therefore, for your version of the song, you can choose to "exclude" the "music" from the original copyright (your band's version) under part 4, and in part 4a, you list that original copyright registration number. Then, in part 4b, you select "sound/performance" as the new item to be registered. I THINK that's how it's done. I would at the very least, read the instructions on this, and again, chime in with other ppl here, or best yet, discuss with an attorney.

[eeoo]

Very helpful, thanks so much for taking the time Simon, I appreciate it. Right now I'm leaning towards copyrighting the songs in question under my name and having an agreement drawn up that states that any income derived from the versions that we recorded as a band will be split evenly. Sound wise? Seems like the path of least resistance. Thanks! eo.

[simonparker]

Yes, I think that would be the easiest way to go, but only an attorney can tell you for sure. Remember, in theory you and the other writers of the material already have created the copyright. It's just a matter of registration of that copyright and protection of the sound performance of the music. Since you already have a royalty agreement (assume for both performance rights as well as royalties due to authoring of the material) with everyone potentially involved, and you're the legal authors of the material, one registration as you suggested should create a sufficient paper trail.

Again, just keep in mind that you might not cover every scenario with this methodology (i.e. you record a version of the song playing all instruments, production, etc. and it appears in a major motion picture, but your copyright SR is for your bands version with their performance). Therefore, I think it's a matter of whether your comfortable with what you plan to do. For me, if I'm not 100% comfortable with procedures (especially involving copyright law, issuance of licenses, etc.) and i feel there's a monetary involvement, I get 100% comfortable by seeking qualified opinion if it's cost worthy.