|
Artist
Advice (Home) - About
Signing Artists - Why Pay For Recording?
- Recording Other People's Music
- When To Use Studio Musicians - Getting
Music For Your Lyrics - What's A Producer?
- Recording Other People's Music
- History of Road Records - About
Copyright - Solo Artist Tips - Songwriting
101 - Making Money With Your Music
- Solo Artist Virtual Tour - Virtual
Tour For Single Demos - Vocal Reduction
Services - Getting Started - Studio
Inquiry Form - Getting Signed - Information
For Christian Artists - Tips For Churches
- Tips For Bands - Recording
Tips - Common Music Myths - What
It Takes To Success - What
We Can Do For You
Note: This is an
overview of the copyright process and copyright law. We are not legal
counsel. Please consult the US Copyright Office or legal counsel for official
information.
What
does the US Copyright Office do?
The US Copyright Office receives submitted
materials, dates them and stores them. In the event of legal action, the
US Copyright Office will retrieve those materials and present them in
court with a legally binding submission date. That's it.
Copyright
Myths:
I've copyrighted my material by sending
songs to myself by registered mail, is that ok?
No,
don't do the "poor man's copyright". The only way to properly
register a copyright is through the Copyright Office,
Library of Congress, Washington DC 20559. It's only about $30 to
register and you can group several songs together under one category,
like "SONGS BY ME WRITTEN THIS YEAR". This way you can copyright
several selections for one fee as long as the writer's credits are the
same for the whole submission. Once you have put your material in the
mail for copyright, consider the job done. You do not need to wait for
your return document to consider it copyrighted. Your receipt of submission
can sometimes take several months to get back. Our two cents worth: send
in your material and forget about it, don't freak out about someone stealing
your song. Such cases are rare and usually unintentional.
I
have a chord progression I want to copyright.
Copyright
is only for melody and lyrics. With finished recordings submitted you
are also copyrighting the overall sound and arrangement. You cannot copyright
chord progressions. If you could copyright chord progressions the Nashville
would be out of business overnight.
I
want to copyright my band name or product.
This
is not copyright, this is a Trademark. Please contact the US Trademark
and Patent Office.
I
own this song, it's copyrighted.
Yes and No. The copyright office only marks the date received and files
material. They do not listen to songs. Copyright ownership is actually
decided in a court of law in the event of a dispute by a jury of of regular
citizens, not musicians.
My
co-writer sent in a copyright, but I sent in a copyright first so I own
it.
Not necessarily. Again, copyright ownership is decided in a court of law
in the event of a dispute. Having an earlier submission date would be
a strong factor, but not a cut and dry case.
Once
I copyright something, I own it forever.
No.
The general idea of a copyright is that it should provide an income for
the creator, the creator's children and the creator's grandchildren. After
that time it becomes "public domain" and anyone can use it royalty
free. The idea is that art is created for the general public to enjoy
but should still create an income for the creator. Copyright law in this
area changed in the 1970's with drastic revisions of US Copyright Law.
Please consult the US Copyright Office, but we believe the length of copyright
ownership is now for 75 years after the creator's death.
I
used someone elses melody, but only a couple bars so it's my music.
There is no set rule on how much of a melody or sample can be used to
enter in to copyright infringement. The general rule is that you have
infringed on copyright if you have stolen the "essence" of a
song. Again, this is decided in a court of law by a jury of regular people,
ie: non-musicians.
It's
ok to sample someones music or beat if it's under 2 seconds.
There is no set rule on how much of a melody or sample can be used to
enter in to copyright infringement. The general rule is that you have
infringed on copyright if you have stolen the "essence" of a
song. Again, this is decided in a court of law by a jury of regular people,
ie: non-musicians.
I
want to record someone elses song, how do I do it legally?
You need to get a mechanical license from the publishing company that
holds the song. Average pay to use the song is in the ballpark of 10 cents
per unit sold. In other words, if you cut an album of 10 cover songs,
you would pay $1.00 in royalties to the respective companies per unit
sold. Most royalties need to be paid quarterly. You also may need to pay
per the production run (Order 1,000 CD's, pay royalties for 1,000 units
in advance).
It's
ok to use Karaoke background tracks on my album because it's my voice.
Wrong. You need to pay the Karaoke company for use of the track. Most
companies want around $300 per track for a limited run. Our studio can
give many artists their own one-of-a-kind tracks for around the same price.
I
can use Karaoke background tracks for my album because it's for my non-profit
organization or church.
Wrong. Ironically, one of the biggest violators of copyright infringement
are churches and religious groups selling albums with Karaoke tracks.
It is not a justification, being a non-profit or religious group, to steal
other people's work.
I
can use Karaoke tracks for my demo because I'm not selling it.
Our understanding is that this is true. You should print very obviously
on the packaging "NOT FOR SALE". Please consult the copyright
office for detailed information in this area.
I
need to wait until I get my copyright form back before I can do anything.
We understand this line of reasoning, but it's a
little paranoid and usually the mindset of novice writers. Once you send
your copyright in by US Mail, consider it a done deal. It can take up
to several months to receive your return confirmation letter.
I
need to copyright before I record.
We
also understand this line of reasoning, but after you record the song
at a recording studio you will
want to re-copyright it again anyway. Once your arrangement is done you
need to send in the finished recording. This will copyright not only the
melody and lyrics, but the music arrangement as well.
A
Couple Notes on Legal Action:
Because of the expense of legal fees,
our understanding is that most copyright infringements are settled out
of court. It is also our understanding that most cases won't proceed to
legal action unless they involve $10,000 or more in penalties.
Note
to Churches:
This may not be right, but here's a course of action many churches take:
Record your album with Karoake tracks and do not charge for copies. It
is a write off as promotion of your ministry. Additionally, many churches
take free will offerings to offset costs, while not actually selling copies.
Information and Tips For Churches
The
most ethical course of action: Pay the Karoake company for use of their
tracks, or have your songs re-recorded in a recording studio while paying
mechanical royalties. This only costs about 10 cents per song per unit
sold, and keeps you on alegal and ethical path!
WARNING
TO RAPPERS AND HIP HOP ARTISTS:
It's
can be VERY expensive to be caught sampling someone elses music. This
does not fall under "mechanical royalties". You can literally
lose all the money if you have a hit, you might even end up owing money.
Do
yourself a BIG favor. Create your own beats or use royalty free sample
libraries with license clearance. Our recording
studio is glad to help you out in creating original beats that are
cleared and licensed.
Please
visit the US
Copyright Office.
Have
a question not listed or see information that you think is incorrect?
Please E-mail Us.
|
