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#5675 - 05/17/02 11:19 AM Re: ethics questions
RobertK Offline
Junior Member

Registered: 04/16/02
Posts: 3
Loc: Bethlehem, PA USA
Actually, the moment a creative work is put in real-world form (e.g., written on a piece of paper, recorded on a tape, etc.), it is automatically under the protection of copyright law and belongs to the author until he/she signs away the rights to someone else, like a publisher.

The trick is, having proof should a case ever come to court, and in that case, registry with the library of congress is usually the only court-accepted form of said proof.

But other forms of registry could help a case, e.g., having an MP3 site up where the music and words are posted, or having the song registered with your performance rights organization (BMI, ASCAP, etc.)

Bottom-line is, those who steal other people's works don't usually last long in the business, and word gets around pretty quick.

But a local guy performing some of your songs wouldn't really be worth a court case, because unless he gets a recording contract, he's just playing to a small audience and not really affecting your ability to profit from your work in regards to using it yourself or signing it to a publisher.

So even if he's singing your songs at his local gigs, there isn't a lot you can do about it - just feel flattered, and get the official registry of your works in order if you think there's going to be a large commercial potential for them.

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#5676 - 05/17/02 02:45 PM Re: ethics questions
desertmusician Offline
Junior Member

Registered: 03/22/02
Posts: 25
Loc: Yuma, AZ USA
RobertK:
I thought I had heard something about that before. My dad is also a writer and he told me something like that. The way I understood what he said any work was copyrighted as soon as it was written, but to me that didn't make any sense.
So if I have it right this time, my songs are copyrighted, but in order to prove it I need to get the document.
That's a relief, but is this a little-known fact or something? I believe you because it's something I've heard before, but why is everyone else saying I have to buy a copyright? Or is there some other caveat that I don't know about...

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#5677 - 05/18/02 01:13 PM Re: ethics questions
Nobby Offline
Member

Registered: 09/17/00
Posts: 707
Loc: Palmyra Mo. U.S.A.
Desertmusican,
All of us that gig. are going to more than likely sing others copy right songs, no problem? But we should never claim them to be our own!
As Robertk said there's not a lot you can do about it!
But if he records that song on a CD & mass
produces it to sell, your going to need a copyright cert. to prove it's yours!
With copyright, he can still record the song
but only with your permission in the form of a contract!
It is also really again the law to record copyrighted songs off the radio!
There is not much way of catching one at this! But every time you do this you beat them out of a sale! ( We all do it.)
Nobby



[This message has been edited by Nobby (edited 05-19-2002).]
_________________________
Nobby

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#5678 - 05/18/02 03:51 PM Re: ethics questions
Bill Norrie Offline
Senior Member

Registered: 01/16/02
Posts: 2330
Loc: North Yorkshire UK
Hi Desertmusician,

I usually only post at the Technics site but decided to have a look around the rest of this great forum. From the remarks in this post, I guess you are located across the pond from me (I'm in UK) As some other members have said, if you create a 'work of art' and you say that it is copyright then it is copyrighted. A simple way to prove ownership is to place a copy of the work, in the case of a song, either paper copy of the words and/or music or an audio recording in a package and then mail it to yourself. When you receive it, leave it unopened and lodge it with your bank, solicitor or other secure place. The package will bear the dated postmark. If your copyright ever needs to be proven, then any court would accept this - at least in UK.
Hope this may help


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Willum

[This message has been edited by Bill Norrie (edited 05-18-2002).]
_________________________
Willum

After silence, that which comes nearest to expressing the inexpressible is Music.
Aldous Huxley
( especially when the music is played on a KN7000....)

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#5679 - 05/18/02 08:39 PM Re: ethics questions
kaboombahchuck Offline
Member

Registered: 07/19/01
Posts: 275
Loc: Arizona USA
Here in America a "poor mans copyright" simply will not do. If someone else took your song, and took the time to regester it with the copyright office, there is no way your simple work on paper would hold up in a court of law. Not even the ol' send it to yourself via register mail would save you. If you do not register it, you have NO PROTECTION WHAT SO EVER. There is no if and or buts about it, but hey, it's your work. Do with it as you will.
_________________________
kaboombahchuck

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#5680 - 05/19/02 03:29 AM Re: ethics questions
Bill Norrie Offline
Senior Member

Registered: 01/16/02
Posts: 2330
Loc: North Yorkshire UK
OK ! The day was not wasted - I learned something. Different country, different laws.

------------------
Willum
_________________________
Willum

After silence, that which comes nearest to expressing the inexpressible is Music.
Aldous Huxley
( especially when the music is played on a KN7000....)

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#5681 - 05/21/02 11:25 AM Re: ethics questions
desertmusician Offline
Junior Member

Registered: 03/22/02
Posts: 25
Loc: Yuma, AZ USA
Thank you all for your help. My questions have been answered. Alas and alack, my faith in humankind has been destroyed (boohoo) but I will just have to be more careful.

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