[Dixielandjazz] Question about copyrighting

Bigbuttbnd at aol.com Bigbuttbnd at aol.com
Sat Sep 18 06:44:15 PDT 2004


Kimberly:   You can fins out more than you ever wanted to know at 
www.copyright.gov

An album could carry a variety of copyrights. The following would be the most 
common:

Each song is probably already protected by copyright, unless you wrote them 
yourself... in that case you should send a leadsheet and/or tape of each song 
along with the appropriate fee, to the U.S. Copyright office to protect 
yourself. If the songs have been written by someone else you need to   determine if 
those songs are still protected under copyright. The EASIEST (but not 
neccesarily the BEST) way to do that is to check each song title at www.harryfox.com. 
The Harry Fox Agency has traditionally collected recording fees (mechanical 
licenses) for US composers. You will need a license for each song you record that 
is still protected by copyright. Harry Fox will give you a blanket license 
for each song based on how many copies you plan to manufacture (NOT on how many 
you actually sell).

If you have a unique and repeatable arrangement of your songs or the songs of 
others you might consider getting those ARRANGEMENTS copyrighted. More info 
at the U.S Copyright web site.

You might also want to copyright your jewel case art and design. Again, more 
info at the U.S. Copyright web site.

I'm not sure that the album or collection of songs itself can be copyrighted 
(maybe someone on the list will illuminate us) but certainly each recording of 
each song can be copyrighted.

I don't know what the cost is these days... maybe $10.00 per item, maybe 
more.... but YOU will have to pay for each copyright you register.

One more thing.... Securing a copyright is FREE and is one of your rights as 
a U.S. citizen. Any 'copyrightable' material can be protected by simply 
placing the copyright symbol on the material somewhere. The REGISTERING of the 
copyright with the U.S. Copyright office simply provides a 'timestamp' so that if 
two individuals have a dispute about the same material the dispute can more 
quickly be resolved by determining who has the EARLIEST copyright date on file. 
The copyright office makes no attempt to research material to see if it has 
already been copyrighted by someone else. 

You can save yourself some money by making a copy of the material, mailing it 
to yourself (which provides a U.S. Postal 'timestamp') and NEVER opening the 
envelope (to prove it has not been tampered with). File these envelpes away in 
a safe place in case you have to dispute a challenge to your copyright.

And last, never allow your original material to be published or viewed by the 
puiblic without the accompanying copyright symbol. To do so may render that 
the material can not be copyrighted and is in the 'public domian' (free for 
anyone to use as they see fit without compensation).

Don't take my word for it... there are several good books on making and 
selling your own CDs and Writing Songs and protecting your rights in that area.

-Rocky Ball
Atlanta


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