copyright misinformation

[melodymessiah]

someone wrote on the forum that if you win an infridgement claim, you will only receive the percentage corresponding to the nr. of songs registered in a collection (so if you have, let's say, ten songs registered as a collection, you will only get ten percentage of the compensation compared to if you reistered the song as a single claim, and that you would have to move/re-register the song in question into a single claim to receive full compensation)

i asked the copyright office about this, and this is what they replied: The legal effect of registration is the same, whether songs are registered individually or as a collection.

i've seen this been mentioned on another songwriting forum too. i wonder how many myths that's circulating around out there....

[hummingbird]

i've seen this been mentioned on another songwriting forum too. i wonder how many myths that's circulating around out there....

Quite a few I imagine. I think it's important for people to have accurate information, the fact that you talked to the copyright office about this is awesome.

I've often posted about the 'poor man's copyright' and the fact that it doesn't hold up in a court of law.

The truth is:
- your work is copyright as soon as you put it in tangible form.
- the point of registering it (either alone or as part of a collection) is to have evidence of the date of registration.
- infringement still needs to be proven if it occurs (i.e. mere registration isn't enough).
- if your piece is registered with the Library of Congress and infringement is proven your court costs are covered.

I am not a lawyer, this is my lay-person understanding of (c) as regards to Words & Music; Sound Recording; or Words & Music and Sound Recording.

If in doubt or if proper legal information is required please consult an entertainment lawyer.

[mikehamm123]

Thanks guys.

I'm looking at submitting a lot of instrumental underscore cues, it seems impractical to officially register every one with the copyright office--especially those cues written on short notice.

Wouldn't the creation date of my original computer file stand up in court (if need be)?

I understand it would be prudent to register every piece of music submitted, but what actually happens in the real world?

Thanks.

[hummingbird]

Thanks guys.

I'm looking at submitting a lot of instrumental underscore cues, it seems impractical to officially register every one with the copyright office--especially those cues written on short notice.

Wouldn't the creation date of my original computer file stand up in court (if need be)?

I understand it would be prudent to register every piece of music submitted, but what actually happens in the real world?

Thanks.

It's about accessibility, I think. If you write a cue on short notice and submit it to say, TAXI, and have it marked private, then the chances of it being used by someone else without permission are very low indeed. If someone did use your cue without permission, you have to show how they would have had access to it (I believe).

You could just do a monthly or bi-monthly registration in a collection. Even if the piece is forwarded it will take some time for you to hear back (if at all).

But remember, your piece is copyrighted from the moment you put it in tangible form. I can't say if the creation date of your original file would stand up in court. Best ask an entertainment lawyer to be sure.

[eeoo]

I'd be curious to know if anyone has heard of cases involving a production music composer/producer getting screwed out of his/her copyright because it wasn't registered. I've never heard of any egregious cases. Personally, I don't bother registering anything with the copyright office, would take too much time and energy and bandwidth for me to worry about. Not that I'm recommending that of course...

[mikehamm123]

Thanks hummingbird. Registering a collection sounds like a good solve.