viziovizio
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anybody have tips on legal patent on the album i finnished?
i have sent it to my house in the mail. is that enough to hold the rights to all songs and music?
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AT
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/05 14:34:16
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No, you already have the copyright when you created it. Proving it is another matter. There have been many threads about this, but the safest way (providing you are in the US) is to send the whole thing at once to the copyright office. There is a $35 fee or so to register it, proving the recordings on it are yours when you fill it out. If you want, you can register each song. If you are trying to sell the songs, this is the correct way to copyright them. If you just want to protect your work, registering a mechanical copy will do it. @
https://soundcloud.com/a-pleasure-dome http://www.bnoir-film.com/ there came forth little children out of the city, and mocked him, and said unto him, Go up, thou bald head; go up, thou bald head. 24 And he turned back, and looked on them, and cursed them in the name of the Lord. And there came forth two she bears out of the wood, and tare forty and two children of them.
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ltb
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/05 15:12:52
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I've only heard of one case where the method of sending yourself your music held up in a court of law. As for U.S. copyright if you've both written & recorded all the material yourself you can register a single SR claim using their Electronic online service for a $35.00 fee. Remember you are only registering a claim. If you plan on selling or publishing any individual material from that catalog (i.e. selling a song) you'll need to re-register those again dependent on the contract & terms of the label or publisher to determine ownership rights / usage. You'll need separate PA's/ SR's for that.
post edited by carl - 2013/07/05 15:22:25
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slartabartfast
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/05 15:32:30
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First tip. Copyright (not patent) is the correct protection mechanism. Although it is true that you do not need to register copyright in the US to have a legally valid copyright (and you cannot register copyright in some countries at all), under US copyright law, you must register in order to bring suit for infringement, collect statuary damages, or claim reimbursement for your legal costs if you succeed in a suit against an infringer. To get those benefits you must not only register your copyright but the registration must be "timely" i.e. before infringement occurs or within 3 months of publication. Note that posting your songs to an internet site for sale or other distribution will constitute publication. http://www.copyright.gov/circs/circ50.pdf
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/05 22:39:49
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You can sue for infringement if it isn't registered, but you won't get as much out of the suit and it might be harder to prove. Heck, you can sue for anything, really. Anyhow... When you register an album with the US Library of Congress copyright office, you can register all of the songs and the artwork at one time. You have to send them copies of the finished product.
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slartabartfast
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 03:42:06
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ELsMystERy You can sue for infringement if it isn't registered, but you won't get as much out of the suit and it might be harder to prove. Heck, you can sue for anything, really.
No, you cannot sue for infringement of an unregistered work. You can register the work after infringement has occurred but you lose the rights mentioned in my previous post. You must then prove actual loss of income from the infringement (not statutory damages) and pay your own legal costs. Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code "411 . Registration and civil infringement actions (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title."
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 05:34:01
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slartabartfast No, you cannot sue for infringement of an unregistered work. You can register the work after infringement has occurred but you lose the rights mentioned in my previous post. You must then prove actual loss of income from the infringement (not statutory damages) and pay your own legal costs.
It is way more complicated than that, as any good copyright attorney can tell you. You certainly can sue. It doesn't mean that you will win, or the case won't get dismissed, but you can definitely sue and the court CAN settle the case in your favor based on "subject matter jurisdiction". On March 2, 2010, the U.S. Supreme Court issued its decision in Reed Elsevier v. Muchnick, ___ U.S. ___, No. 08-103, interpreting the Copyright Act to allow judicial approval of settlements of copyright infringement claims involving unregistered works. Reversing the U.S. Court of Appeals for the Second Circuit, the Court held that the Copyright Act's statutory requirement that plaintiffs register their works before instituting a claim for copyright infringement, 17 U.S.C. § 411(a), does not limit the subject matter jurisdiction of the federal courts. - Gibson Dunn dot com. If you can't sue for infringement of unregistered works, then your material isn't REALLY protected by copyright upon creation, is it? Like I said, you can sue for anything. I never said you would win.
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Guitarhacker
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 09:05:45
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If you have an album of original songs you have 2 things to protect by copyright. 1. Copyright on the songs themselves. Since they are on one album, you could do a compilation of them all for one low fee..... but if they are to be released commercially, you really should do individual copyright on each song. Individual copyright costs more but it affords the protection to one song apart from the others so each has it's own umbrella of protection under law. Look at your old albums and CD's where a band or even one person in the band is the writer of the songs. You will see that they are all individual copyrights. I can not think of one instance where a band album is protected by a compilation copyright. It's that way for a specific legal reason. Writers often use compilation copyright to protect a batch of songs but when one gets cut by an artist, it is registered with a new individual copyright. 2. copyright the physical CD so it has protection from illegal duplication. These are protections for the "law abiding" people...... the criminals will still bootleg the CD if it's worth their time to do it. But at least you have the legal standing to sue them in court. Copyright law is it's own unique practice of law.... a very specialized area..... Certainly if you go to the effort and expense to release a CD you should spend the money for copyrights.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 12:28:52
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According to US Copyright code you do not need to register the music collection (album) and album artwork separately: The deposit requirement for sound recordings includes "two complete phonorecords of the best edition" and any other visually- perceptible material published with the phonorecords. The reference here is to the text or pictorial matter appearing on record sleeves and album covers or embodied in separate leaflets or booklets included in a sleeve, album, or other container. The required deposit in the case of a sound recording would extend to the entire "package" and not just to the disk, tape, or other phonorecord included as part of it. What exactly does this conversation (if you want to call it that) have to do with SONAR?
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slartabartfast
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 12:50:16
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ELsMystERy
slartabartfast No, you cannot sue for infringement of an unregistered work. You can register the work after infringement has occurred but you lose the rights mentioned in my previous post. You must then prove actual loss of income from the infringement (not statutory damages) and pay your own legal costs.
It is way more complicated than that, as any good copyright attorney can tell you. You certainly can sue. It doesn't mean that you will win, or the case won't get dismissed, but you can definitely sue and the court CAN settle the case in your favor based on "subject matter jurisdiction". On March 2, 2010, the U.S. Supreme Court issued its decision in Reed Elsevier v. Muchnick, ___ U.S. ___, No. 08-103, interpreting the Copyright Act to allow judicial approval of settlements of copyright infringement claims involving unregistered works. Reversing the U.S. Court of Appeals for the Second Circuit, the Court held that the Copyright Act's statutory requirement that plaintiffs register their works before instituting a claim for copyright infringement, 17 U.S.C. § 411(a), does not limit the subject matter jurisdiction of the federal courts. - Gibson Dunn dot com. If you can't sue for infringement of unregistered works, then your material isn't REALLY protected by copyright upon creation, is it? Like I said, you can sue for anything. I never said you would win.
I stand corrected: http://www.supremecourt.gov/opinions/09pdf/08-103.pdfThe courts can not be barred from trying copyright suits involving unregistered works based on lack of jurisdiction. But note that the court made no ruling here regarding whether 411(a) is a mandatory precondition to suit that... district courts may or should enforce sua sponte by dismissing copyright infringement claims involving unregistered works. Can we agree that, given the expense of the legal proceedings that might be required to settle that issue, anyone anticipating using the copyright law as a remedy to infringement would be well advised to spend $35.00 to register their work prior to filing suit. http://www.nycbar.org/images/stories/committee/north%20jersey%20media%20group%20v%20sasson%20-%20opinion%202013-01-04.pdf
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dubdisciple
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 12:56:58
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I agree with slartabartfast. Regardless of the exact odds of winning a case fili g versus not filing, hard to believe someone can simultaneously feel they have work good enough to steal but not good enough to spend $35 on.
Btw, the whole mail yourself a copy has no more impact than being able to prod uce the original copy. A postmarked package is not likely to prove what was in that package. As pointed out, you hold copyright regardless of whether you register , but it's a much easier path to claim when you spend the $35.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 16:00:44
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slartabartfast Can we agree that, given the expense of the legal proceedings that might be required to settle that issue, anyone anticipating using the copyright law as a remedy to infringement would be well advised to spend $35.00 to register their work prior to filing suit.
Of course. That $35.00 is way cheaper than retaining an attorney for a risky lawsuit. As for that mailing it to yourself stuff... the infringer could do that also. Heck, the infringer could register the works. I think a hard drive with all of the original dated tracks and other files would be better evidence than the registration alone.
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slartabartfast
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 16:35:20
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Mailing yourself a copy, posting to YouTube, providing your hard drive for forensic analysis, deposing your landlady who heard you singing your song in the shower etc. come under the heading of evidence to establish that the copyright claimant is indeed the original author. If that becomes an issue in a lawsuit, it is likely that you are engaged in a lying contest, and god help you if you are contesting an established songwriter or record company. While anyone could register the work before the author gets around to it or later, if they are willing to commit perjury, the author is in a unique position to win the registration race, since he can apply for registration prior to publication or other release of the work. Still first registration is not irrefutable proof of authorship. But registration will at least get you to trial without having to present convincing evidence beforehand. "410(c) In any judicial proceedings the certificate of a registration made before or within five years after first publication of the work shall constitute prima facie evidence of the validity of the copyright and of the facts stated in the certificate." Even irrefutable evidence of original authorship does not constitute timely copyright registration, which imparts special benefits.
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MarioD
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 16:52:31
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ELsMystERy I think a hard drive with all of the original dated tracks and other files would be better evidence than the registration alone.
Not true. Dates can be easily changed and the thief would claim that all you did copy his (actually yours), changed the date on your computer then saved the files.
The reason people say the vinyl sounds better is because the music was better. Sonar Platinum, Intel i7 –2600 CPU @ 3.2 GHz, 16 GB ram, 2x2TB internal drives and 1 1TB internal drive, Radeon HD 5570 video card, HP 25" monitor, Roland Octa Capture, MOTU Midi Express 128, Win 10 Pro www.soundcloud.com/Mario_Guitar
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 16:52:58
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Startabartfast: I know. It's a law where a piece of paper satisfies the burden of proof, but people perjure themselves all the time and get away with it because no one can prove, or is willing to prove otherwise. That's one reason why I don't reveal "previews" of things I am working on. I came close to learning that lesson in the 80s, when I recorded some stuff at a rather "shady" studio. Fortunately, I had an attorney involved early on and all I had to do was get the tapes and walk away. Whether it is needed, or not, I will always believe that tangible proof would be more satisfactory than nothing more than a registration. I am not really talking about what is required, but what should be.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 16:58:46
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MarioD
ELsMystERy I think a hard drive with all of the original dated tracks and other files would be better evidence than the registration alone.
Not true. Dates can be easily changed and the thief would claim that all you did copy his (actually yours), changed the date on your computer then saved the files.
The thief would have to prove how you had access to the files in order to do that. Besides, the thief would need access to ALL of the files (originals, backups, etc...) in order to convince a judge of that claim. That's one reason (edit: that would be one reason, if it even mattered) for having secure, even encrypted backups in different locations (such as a password protected archive on a removable hard drive in a safe deposit box) other than with your computer, aside from protecting the originals from being destroyed in a disaster. As for my statement not being true: It certainly is not a lie. I said "I think", meaning that is what I believe would be a better way of showing evidence until I am convinced of something better. I did not say it was an indisputable truth. I have been recording music for over 30 years and have learned some tough lessons. Not to mention the years of dealing with copyright issues as a professional programmer and photographer. I have had allot of time to consider all of this.
post edited by ELsMystERy - 2013/07/06 17:07:30
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MarioD
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 17:07:20
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ELsMystERy
MarioD
ELsMystERy I think a hard drive with all of the original dated tracks and other files would be better evidence than the registration alone.
Not true. Dates can be easily changed and the thief would claim that all you did copy his (actually yours), changed the date on your computer then saved the files.
The thief would have to prove how you had access to the files in order to do that. Besides, the thief would need access to ALL of the files (originals, backups, etc...) in order to convince a judge of that claim. That's one reason (edit: that would be one reason, if it even mattered) for having secure, even encrypted backups in different locations (such as a password protected archive on a removable hard drive in a safe deposit box) other than with your computer, aside from protecting the originals from being destroyed in a disaster.
Maybe, but if the thief registered the work then he could claim that the real composer pirated the work from his computer. After he registered the work he could say that either he had a HD crash or he deleted all of his backup because he needed the space. I don't know for sure. The safest way to go is to spend the $35 or so to protect yourself.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 17:19:50
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You missed all of my edit. Anyhow, the creator of the works would have to prove that the thief is a liar. I don't disagree that CURRENTLY the safest way is to register the works, I am simply saying that an intelligent infringer could potentially make that process pointless. If the infringer did file before you, then a wise judge would have to consider further evidence to settle the dispute. If the infringer could not produce the files then he has nothing. In order for someone to change the dates, then they have to have access to those files. If he doesn't know where they are kept and has no access to them, then he has nothing. Besides, anyone who really wants to protect their work should not keep all of it in one place. I make copies of my projects on external drives (while the project is still underway) that will never get deleted for more space and then I delete everything from the project drive to make room for the next project. You can't hack what's not connected to the computer and no common infringer is going to access a studio computer, or secure location (safe deposit box, or safe stored in a secret location) to steal the files on a hard drive. If he even tried he would be facing much stiffer penalties than copyright infringement.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 17:29:40
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If someone wanted to steal my files to claim they created them first, they would first have to disable the alarm system, the security cameras, my pet black widow spider, the neighbors and the local sheriff and that's only if I am not home, which is rarely the case. All I can say is I hope he has fun trying.
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shawn@trustmedia.tv
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 18:24:46
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Well, I'm 41 now and at the age of 19 when I started producing www.soundtraxxmusic.com I made the decision not to copyright my music because to me all these organizations are money hungry conglomerates from europe (no offense europeans! CHEERS!!!) I just don't believe that these companies and have your best interest in mind, they say they protect you but all I see is limitations on how you can sell your own product and more costs. I treat my music as any product....produce a great product at a fair price and get it to market first and you will be rwewarded. So far theft hasn't really been a problem, a couple incidenses (in Europe by golly) but I am to this day verry happy with my decision. CHEERS! - Shawn
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bigboi
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 19:05:49
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Poor man's copywrite is no good....u can not mail it to yourself and expect to see any protection. Copywrite through the library of Congress.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 19:06:08
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I am in my mid 40s and started recording when I was about 18 (not including simply running a tape recorder to evaluate band rehearsals prior to that). I ran into some problems with a small indie label that wanted to sign me in the 80s. The owner/producer wanted to be included in the registered copyrights before even offering a contract. It was a bit more complicated than that, but my attorney at the time told me not to sign anything with them. Another incident I encountered was when I was creating software and some of my programs ended up on the black market in some odd country like Malaysia. People who had never purchased it started requesting tech support. I also had a volunteer organization that I did some (volunteer) programming for consult attorneys when I revoked their rights to continue using the programs and deleted them from the server. Since it was never a work-for-hire (has to be an agreement in writing designating it as a work-for-hire) they just told people they were going to have their attorneys sue me, but no one ever tried. They tried to convince me that the law says it is a work-for-hire unless there is a contract stating otherwise. ~ROLLING EYES~ I told them they were not reading the law correctly and that they should get an attorney to explain it to them. I never heard from them again. I am now signed to a publisher and record label, so I no longer have to register my music. The label/publisher owns it and handles all of that. The label has had artists contact them who want to get signed and keep ownership: it doesn't work that way. I just have to register it with BMI. As for my work in application development, everyone who pays any amount for a program seems to think that because they payed something to have it created that they own it. They never want to pay the cost of making it a work-for-hire.
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AT
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 19:10:35
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This is all rather hypothetical - you have to actually make money selling the work in order for someone to steal it. And if you are making money (not a living, but money) you likely already have an attorney and the forms filled out. Then in court it becomes a lying contest. My favorite was in back in NYC many moons ago. A guy I knew claimed he had a great idea for a movie script but refused to send it out in fear someone would steal it. He wanted my advice (I was in that business) but couldn't quite grasp the concept that someone had to read it before they would give you money for it. Getting someone to read it is the problem. And an idea is basically useless. Screenwriting is a craft, and a well crafted bad idea will sell before a badly crafted good idea. Kinda like songwriting. It seems the lady doth protest too much. @
https://soundcloud.com/a-pleasure-dome http://www.bnoir-film.com/ there came forth little children out of the city, and mocked him, and said unto him, Go up, thou bald head; go up, thou bald head. 24 And he turned back, and looked on them, and cursed them in the name of the Lord. And there came forth two she bears out of the wood, and tare forty and two children of them.
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ELsMystERy
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/06 20:19:29
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AT A guy I knew claimed he had a great idea for a movie script but refused to send it out in fear someone would steal it.
Some people have actually called my publisher hoping to get some kind of deal, but when told they needed to send a demo they refused because they were afraid their material would get stolen. Some claimed to have "the best material anyone has ever heard". Some of these people had nothing: no recordings, nothing online to listen to... She explained to them that it doesn't matter if they are the next Elvis, if they won't send out demos no one will work with them and if they are hesitant then they should ask an attorney. Demos are part of the process. You can always copyright something before you send it out. If someone does want to sign you, the copyrights can be reassigned. They can also be reverted back to you later and some contracts have provisions for that. With all of the opportunities available for indie artists now, you can't assume that your material won't make any money, or get used illegally by someone. You have to put it out there to be sure and it should be protected when you do. A copyright infringement can be as simple as someone buying a download and then sharing it on their website, or using it as a music bed in a homemade YouTube video without your permission.
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Goddard
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/07 03:26:19
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Legal patent? On the album you "finnished"? Sent it to your house? Is your house in Finland? This outfit can probably help you get a legal patent... http://www.fspat.com/
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Guitarhacker
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/07 08:06:41
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As far as registering a song with the copyright office..... No Sir, I don't. That is not to say that I don't protect my work, I just do not use the US Library of Congress (LOC) to do it. I use a service provided by Masterwriter software called SONGUARD. It is basically a third party secure server which date stamps the submitted song and keeps it on file. A judges written order is needed to retrieve any song submitted. Posting your songs online or in a third party storage site will get a date stamp from the server. Those are not as easy to fake the dates. YouTube, Reverbnation, Sound Cloud, Soundclick, DropBox, all date stamp the files coming in. And in reality, the LOC copyright is nothing more than a date stamped paper that says you submitted a certain song on a specific date to them. They have the original paperwork and hardcopy (CD or cassette) of the material. One reason I do not use the LOC is that I have had several music publishers ask me not to register LOC on any of the songs I send to them. They prefer not to have to reference previous copyrights and research the previous LOC submissions to get the numbers correct. It's their job, I know, but I'm good with the explanation. And yeah these are some reputable, long running publishing houses. In reality, the chances that someone will rip your songs off is actually pretty remote. I don't lose any sleep over the fact that my songs are not LOC protected. Oh yeah, I used to use the LOC for everything. I have a stack of copyrights to prove it. However, I realized that as hard as it is to get someone of importance to even simply listen to a song I write, let alone get it to someone to record..... there is not really a need to copyright them. Most publishing houses don't even talk with people they don't know. When they do interact with people, they want copyrighted songs more to protect THEM from the claim that they somehow stole the song idea. A reputable publishing house wants good songs but they are not in the ripping business. One bad rumor and they are out of business in a business that is based largely on trust. Just my 2 cents on why I don't use LOC .... but I still protect, and I still us the copyright symbol or notice on all my stuff. My publishers and libraries all handle the LOC registration when I sign the rights to my songs over to them. In the end, YOU have to determine the level of safety that allows you to sleep at night..... but please do not use the "mail it to yourself" method and think it's good.
My website & music: www.herbhartley.com MC4/5/6/X1e.c, on a Custom DAW Focusrite Firewire Saffire Interface BMI/NSAI "Just as the blade chooses the warrior, so too, the song chooses the writer "
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jimusic
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Re: anybody have tips on legal patent on the album i finnished?
2013/07/07 11:31:28
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AT No, you already have the copyright when you created it. ...(providing you are in the US)...is to send the whole thing at once to the copyright office. This is not limited to just the US, even though the LOC is in Washington, DC. I'm in Canada and have 2 works registered there for about 20 years now, which are actual copies of my sheet music of the melodies & chords I painstakingly wrote out by hand - [instrumentals]. Now there are better, faster, easier methods, of course. I will be submitting more works later this year, although I read that one post about SONGUARD with interest, and will investigate some more. I do want to mention that although seemingly rare, the cost of going to court to 'prove' that that song is yours can be a staggering $20,000-50,000, AND the onus is on YOU to prove the theft. One of the stipulations is: You would have to prove that *they* [whoever that is], had access to your works in the first place. Now that could be tough - real tough! Short of following them around and outright stalking their every move, [all based on the assumption that they will indeed do that to you some day in the future], it would best to keep records of where & when AND particularly to whom your works were sent. Even then, there's no guarantee. The advantage is clearly with the thief - as usual. Possession is indeed 9/10ths here, at least in cases like these. The more protection, the better, as a settlement out of court may be more appealing to the other party if you're well armed and your lawyer has lot's of Ammo to fire at them to begin with. Certainly the costs would be much less to prepare ahead of time with various methods of Copyright Protection - kind of like insurance - you may never need it, but glad to have it when you do. ..................................... Hey - look at my post count! It's 4:20 here - finally!!
post edited by jimusic - 2013/07/07 11:38:54
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