How do you copyright a song?

Subject: How do you copyright a song?
From: GUEST,Greengal
Date: 01 Apr 08 - 07:28 PM

I'm sure this has been asked and answered before, but I am looking for a non complicated (translate: cheap and easy) way to copyright a few songs before I put them on a CD.

Also, has anyone had experience with sending songs to well known performers, and can offer any tips? Thanx

Subject: RE: How do you copyright a song?
From: SINSULL
Date: 01 Apr 08 - 07:30 PM

You can mail the lyrics in a sealed envelope to yourself Certified Mail. Never open it unless you legally have to, The cancellation date will prove the date you mailed the lyrics.As long as the envelope remains sealed you have proof.

Subject: RE: How do you copyright a song?
From: Richard Bridge
Date: 01 Apr 08 - 07:34 PM

You don't. Copyright arises automatically upon first reduction to a material form.

Subject: RE: How do you copyright a song?
From: Peace
Date: 01 Apr 08 - 07:38 PM

It does in Canada, too, Richard. However, I think the law is different in the USA.

Subject: RE: How do you copyright a song?
From: Jeri
Date: 01 Apr 08 - 07:44 PM

I don't know if that sealed envelope thing has ever held up to a challenge in court.

Anything you write IS automatically copyrighted as Richard said. You can register a work with the Library of Congress In other countries, there are other organizations. I believe publishing the songs on a CD would be a good step.

Subject: RE: How do you copyright a song?
From: Bonnie Shaljean
Date: 01 Apr 08 - 07:45 PM

The trick is in PROVING you wrote it. That's where the date comes in, to establish a "when" factor if two parties are claiming authorship of a work.

Subject: RE: How do you copyright a song?
From: Jeri
Date: 01 Apr 08 - 07:47 PM

Jeeze... little cartoon people at the Library of Congress site. Who sez Americans are getting stoopidder...

Subject: RE: How do you copyright a song?
From: Jeri
Date: 01 Apr 08 - 07:50 PM

Sorry - that site was for teachers. Here's the main US Copyright Office page.

Subject: RE: How do you copyright a song?
From: Maryrrf
Date: 01 Apr 08 - 07:58 PM

While it is true that a song is copyrighted automatically, registering it at the US Copyright Office is inexpensive and easy, and worth doing if you are going to be distributing a CD. You can include several songs on one copyright, just list them on the form.

Subject: RE: How do you copyright a song?
From: Richard Bridge
Date: 02 Apr 08 - 04:02 AM

Actually, I object to the use of "copyright" as a verb because there is nothing you can do to cause copyright to arise in a work. Create the work - there is copyright already. Thus a work is not "copyrighted" automatically: it has or acquires copyright automatically.

Subject: RE: How do you copyright a song?
From: Bonnie Shaljean
Date: 02 Apr 08 - 04:38 AM

I think it's just being used as shorthand for "register copyright" or whatever the exact legal terminology is. What is the right word for taking action that ensures people don't steal credit and profit from your artistic creations? Is there a concise way of saying it that's still correct?

Subject: RE: How do you copyright a song?
From: Bryn Pugh
Date: 02 Apr 08 - 05:28 AM

In the UK, Part I Copyright, Designs & Patents Act 1988 has it that the song is copyright as soon as it is written.

I proceed to the evidential burden.

In the 1960s, when we had written songs to rival those of Mr Dylan, Mr Paxton et al, the practice was to purchase two registered envelopes from the Post Office ; place one copy in a registered post envelope ; get a close friend to sign the envelopes and date them on the outside, and then address one envelope to one's self and post it. The other envelope we placed with our lawyer or minister of religion.

Crude, but effective. A principal niggle with asserting copyright is the evidential burden.

Subject: RE: How do you copyright a song?
From: Bonnie Shaljean
Date: 02 Apr 08 - 05:44 AM

Evidential burden = burden of proof, right?

Subject: RE: How do you copyright a song?
From: Sandy Mc Lean
Date: 02 Apr 08 - 05:59 AM

I am not a lawyer but the important thing is to be able to establish a verifiable date that you can prove that your creation existed.(The earlier the better) If someone else can prove a date that they had possession earlier than you can, consider yourself robbed.
This can be done with the letter trick if you do it properly. Place the work in a sealed envelope, sign and date the envelope and have someone sign and witness your signature. Place this sealed envelope inside a larger one and seal that as well. Address it to yourself and from yourself and send it through the postal service by registered mail. Keep all receipts and documentation. When you get the letter back open nothing. Place it and all documentation in a larger envelope and store it in a safe place.
Should you ever need to verify the date your lawyer will have it opened by a official of the court. This , I repeat, is not the copyright but proof of possession an a point in time. Laws vary in different countries as to exactly what copyright is and how it is established. Government registry may well be advised although in Canada until recently only the title was registered so it was of little use in proving creation of the work.
Public performance of a creation can establish a date as well.
Publication is often the one most used and where creators are most vulnerable because publishers have stolen many works by slapping their own (c) mark on it.

Subject: RE: How do you copyright a song?
From: Bryn Pugh
Date: 02 Apr 08 - 06:41 AM

Dear Bonnie,

Yes, indeed - my apologies to all for having assumed !

Regards, Bryn - and if you see Packie, please pass my regards and respects to him

Subject: RE: How do you copyright a song?
From: Richard Bridge
Date: 02 Apr 08 - 06:58 AM

I am pleased to see that the correct position is starting to be more widely known.

Subject: RE: How do you copyright a song?
From: GUEST,JB
Date: 02 Apr 08 - 07:58 AM

And maybe joining and sending a copy to the Performing Rights Society could be useful, particularly if problems with royalties arise.

Subject: RE: How do you copyright a song?
From: Sandy Mc Lean
Date: 02 Apr 08 - 08:59 AM

Sorry Bryn to repeat your advice. I was slow composing mine and sent it without checking any posts that had arrived in the meantime.
                  Sandy

Subject: RE: How do you copyright a song?
From: Snuffy
Date: 02 Apr 08 - 09:08 AM

Posting the lyrics here, together with a statement that you wrote them, is another way of establishing "a verifiable date that you can prove that your creation existed"

Subject: RE: How do you copyright a song?
From: GUEST,Greengal
Date: 02 Apr 08 - 03:47 PM

Thanks to all who posted, and esp. to Jeri the website of the U.S. Copyright Office.

If I am enterpriting the literature correctly, it is enough just to publish or write down the song lyrics, or record it; but one is more protected if it is proven that the word was created by a certain date. Maybe I should mail myself a letter and/or tape just to be safe.

Subject: RE: How do you copyright a song?
From: mrmoe
Date: 02 Apr 08 - 04:07 PM

for real protection, it might not be enough to simply write it down or record it.....you should also publish it in some way that imbeds the date.....something as simple as soundclick or putfile will accomplish this....

Subject: RE: How do you copyright a song?
From: JohnInKansas
Date: 02 Apr 08 - 06:15 PM

As has been indicated, the right belongs to the person who created it. The "registering of the right" originally was intended to encourage publication, so in some cases the mere existence of a work, and ability to prove that it existed, has had little standing in arguments in court. The "created work" needs to be made accessible to at least some others for it to have a really good chance of being recognized.

Be ABSOLUTELY SURE that any CD(s) that you put your songs on bear the © mark and date, along with the identification of the person claiming copyright (=creation right).

For a text work, registering the copyright with the appropriate agency (LOC in the US) is important, but for a music/performance work it probably does a lot more good to make sure it gets registered with the people who make a business of collecting the royalties. A clinker, however, in registering with the "performance arts" people is that your registration can imply that you accept their customary business practices - i.e. that you agree to allow anyone who wants to to "cover" your songs if they're willing to pay the going rate for the license. There are also cases in which people have signed over their rights in exchange for minimal payments, so read the fine print very carefully.

You should be strongly encouraged, as well, to "publish" a written lyric^© and notation^© for any CD issue as well. Otherwise your claim is only that no one else is allowed to play the same wrong notes that you played. For best likelihood of recognition in a dispute in court, there should be some "public access" to the written work as well, but you can reasonably limit the distribution to very few people. (A rejection letter from a publisher might meet the intent.(?))

If your stuff is any good, be assured that someone will steal it. The proof of ownership just gives you a fighting chance to make them pay you something for the theft use of your work.

I think. ... ?

John

Subject: RE: How do you copyright a song?
From: AlexB
Date: 03 Apr 08 - 03:06 AM

Personally, any works I write will be licensed under creative commons, with some rights reserved, but that is just me.

Subject: RE: How do you copyright a song?
From: GUEST,strad
Date: 03 Apr 08 - 07:12 AM

If I copy my works to a floppy/cd and mail that to myself, is that enough. The files will have a creation date on them.

Subject: RE: How do you copyright a song?
From: danensis
Date: 03 Apr 08 - 11:01 AM

Its fairly easy to change the time and date on a computer.

Subject: RE: How do you copyright a song?
From: Bryn Pugh
Date: 04 Apr 08 - 03:56 AM

In England & Wales a 'work' within Part I Copyright, Patents and Designs Act accedes to copyright once it is recorded.

Provided the time and date of recording is verifiable, it should be enough that the work is encapsulated in or on magnetic media.

Subject: RE: How do you copyright a song?
From: Rasener
Date: 04 Apr 08 - 06:31 AM

Very interesting thread.

Funnily enough, I have just posted a thread concerning A Whiter Shade Of Pale Is this a similar situation?

Subject: RE: How do you copyright a song?
From: Suffet
Date: 04 Apr 08 - 11:54 PM

Greetings,

My attorney advised me that registering a copyright with the US Copyright Office is important because even though you may own the copyright, no one is obligated to pay you a licensing fee to use your work until you have registered the copyright.

He also advised me that I can register as many songs as I want at one time for one fee. The way to do it is create a title for the entire collections of songs, such as Ten New Songs for 2008, and then list the title of each individual song as an alternative title. The is a space on Form PA for alternative titles, and you can add a continuation page if you need more room.

--- Steve

Subject: RE: How do you copyright a song?
From: Peace
Date: 15 May 08 - 09:28 PM

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