Wednesday, February 08, 2006
The Copyright Question
Do I need to copyright my song? This is one of the most common questions that I hear when working with songwriters, musicians and bands in the recording studio. Copyrighting one's songs is important if you value your songwriting efforts. The purpose of this blog is to inform musicians of the copyright purpose, process and protection.
First of all what does it mean to copyright your song? Copyrighting establishes when a song or songs were written. According to the Copyright FAQs, the copyright of a song "is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time." So that song you wrote and recorded on that cheap cassette deck is is instantly copyrighted! But wait!!! A couple other things that should be done after recording the song is to write the lyrics and write your name and use the copyright symbol or write the word "copyright" and the year before your name. (Copyright 2006 Joe Jones or © 2006 Joe Jones). Don't forget to label the tape or CD with the song title and date. Use the
symbol along with the title, date and copyright owner's name on the recording.Back in the old days there was something called the "poor man's copyright." Basically this meant that taking a copy of your recording and mailing it back to yourself via certified mail. The idea was that the postmarked date would provide the proof of authorship. If a song is written in the studio make sure that the writer(s) are properly noted on track sheets (give the song a title!), keep the lyric sheets and write the title, author and date. Protect yourself.
The next step is to register your song through the Library of Congress. You can go to the government website and download the proper form (www.copyright.gov/forms/). Depending upon what you want to do with your song will determine which form you choose. Below is the official definition of a musical composition and a sound recording:
A Musical Composition consists of music, including any accompanying words, and is normally registered as a work of performing arts. The author of a musical composition is generally the composer and the lyricist, if any. A musical composition may be in the form of a notated copy (for example, sheet music) or in the form of a phonorecord (for example, cassette tape, LP, or CD).
A Sound Recording results from the fixation of a series of musical, spoken, or other sounds. The author of a sound recording is the performer(s) whose performance is fixed, or the record producer who processes the sounds and fixes them in the final recording, or both.
Copyright in a sound recording is not the same as, or a substitute for, copyright in the underlying musical composition.
If you only want to copyright the musical composition and not the recording, use the PA form, if you are registering a recording of a song, then use the SR form. SR is used to register published and unpublished sound recordings. According to the FAQs page the compostion does not have to be your own in order to register it under SR, but you still have to get the permission and licensing from the songwriter/publisher. Both the SR and PA forms are available as PDF files on the copyright forms site. The filing cost is around $30, but you can copyright more than one song with that fee.Although getting your song(s) copyrighted is an easy process, with forms that can be downloaded from the gov't website, (www.copyright.gov/forms/) there are also plenty of businesses that specialize in doing the copyrighting process for a fee (often twice the cost of the filing process. They guarentee that every part of the filing was done properly. That might be a good choice for those who are unsure whether they are filing the forms correctly.
Now that you have an idea of copyrighting, you might wonder if you really need to copyright your song through the Library of Congress. Ask yourself what do you plan to do with the song. Was it just a little thing you wrote and are content with keeping it to yourself? Are you performing it live by yourself or with a band? Will you make a recording and make copies for sale? Or is the song a gift for family and friends? The more the public hears your song, the better off you are copyrighting it through the LOC.
Copyrighting your song does not mean that you will make money once it the paperwork is filed. The next step is getting your song published or aligned with a publisher. Having the song copywritten is important as publishing can take many directions, especially if you use a publisher other than yourself for pubishing your song. (Publishing is a topic unto itself and will be given its own article)
Remember if you took the time to write a song, take the time to inform yourself of what your rights are as the owner of compostition. There are plenty of excellent books, websites and articles available. If one book seems complicated there are other books that will breakdown the copyright and publishing process.
Suggested Readings:
All You Need to Know About the Music Business, 5th Edition Donald S. Passman
Legal Aspects Of The Music Industry, Richard Schulenberg
Making It in the Music Business, Third Edition Lee Wilson
The Musician's Business & Legal Guide, Third Edition Mark Halloran
Music, Money and Success, 4th Edition Jeffrey Brabec and Todd Brabec
Works cited:
"How to Register a Work: Performing Arts and Sound Recordings," (www.copyright.gov) United States Copyright Office, Library of Congress.
