Copyright Information

[Volcanology]

Thank you for the useful information!

Evan

[TechNoiZ]

This is a really of the wall question.

Is there a time limit to claiming a breach of copyright? What if a song was written twenty years ago that may have had a section of it 'borrowed' and used on a much more commercially successful track some years later - even if that 'some years later' was actually a few years ago from today. If the original song had a publisher - would it be down to the publisher to follow through such a claim if there was reasonable belief for the allegation.

[Casey H]

This is a really of the wall question.

Is there a time limit to claiming a breach of copyright? What if a song was written twenty years ago that may have had a section of it 'borrowed' and used on a much more commercially successful track some years later - even if that 'some years later' was actually a few years ago from today. If the original song had a publisher - would it be down to the publisher to follow through such a claim if there was reasonable belief for the allegation.

I think you'd really have to ask a qualified music attorney.

Casey

[TechNoiZ]

Thanks Casey

I thought as much

[coachdebra]

I am also NOT an attorney, but I interviewed one for the Artists Marketing & Business Academy.

My memory of what he said on the collection question is that if you have to sue for a breech for a song that is only registered in a collection, you can only sue for the $ as a % of the collection (1 song in a 10 song collection, you'd be able to sue for 10% of the penalties).

The wiki article on this is helpful:

Statutory damages are calculated per work infringed.[66] Statutory damages range from a few hundred dollars to hundreds of thousands:

So if its registered in a collection - the collection is considered "the work" and an individual song a percentage of the work.

[Casey H]

I am also NOT an attorney, but I interviewed one for the Artists Marketing & Business Academy.

My memory of what he said on the collection question is that if you have to sue for a breech for a song that is only registered in a collection, you can only sue for the $ as a % of the collection (1 song in a 10 song collection, you'd be able to sue for 10% of the penalties).

The wiki article on this is helpful:

Statutory damages are calculated per work infringed.[66] Statutory damages range from a few hundred dollars to hundreds of thousands:

So if its registered in a collection - the collection is considered "the work" and an individual song a percentage of the work.

But again, we have to keep in mind that unless there are significant damages, none of this really matters. You have to weigh the fees against odds that (1) your song will be stolen and (2) there will be signifcant damages.

So my (NON-LAWYER!!!) advice is copyright as collections to save tons on copyright fees. If one of the songs in a collection gets interest for a major usage (e.g. Taylor Swift wants to cut your song, Chevy wants it to be featured in its commercials during the Superbowl, etc), ammend your copyright to remove the song from the collection and have it's own.

If you worry about this too much, you'd spend $35 on every track you wrote.

Not at all saying don't file copyrights. Just saying give it thought.

And when all else fails, consult an actual entertainmenet attorney.

Casey

[coachdebra]

But again, we have to keep in mind that unless there are significant damages, none of this really matters. You have to weigh the fees against odds that (1) your song will be stolen and (2) there will be signifcant damages.

So my (NON-LAWYER!!!) advice is copyright as collections to save tons on copyright fees. If one of the songs in a collection gets interest for a major usage (e.g. Taylor Swift wants to cut your song, Chevy wants it to be featured in its commercials during the Superbowl, etc), ammend your copyright to remove the song from the collection and have it's own.

If you worry about this too much, you'd spend $35 on every track you wrote.

Not at all saying don't file copyrights. Just saying give it thought.

And when all else fails, consult an actual entertainmenet attorney.

Casey[/quote]

Completely agree - I like that strategy - but I'd want to ask a lawyer if that will count. But I also think of all the things to worry about your business - this shouldn't be high up on the list. Register the collection and move on to the marketing...

[lyricalk]

What if i register my song & someone steal it? Is it possible to claim my right without registering the song?

[dvl2]

Hi,

I was wondering...

Would I need to re-register with the copyright office, each time I make some changes to a song? If I make some serious changes to that song, such as changing a chorus, or a bridge, I imagine that I would.

However, what if I'm only adjusting it to keep within a certain beat, doing a remix and/or a new mastering? Would I still need to re-register the copyright for such a song as a result?


Thanks

Dave

[Casey H]

I typed a long response to dvl2 and lyricalk and accidentally erased it.

So either of you are welcome to PM me and we can exchange phone numbers and talk on the phone about this stuff. Sometimes it's way easier than typing anyway!!

Best
Casey