Copyrights....?

Subject: Copyrights....? Fri Apr 18, 2008 10:30 am

I was wondering if the "poor mans copyright" is actually something I could do until I get the actual copyright application filled out and sent in?

Joined : 13 Apr 2007 Posts : 932

Here's the advice I would give you.

The old school way of doing it would be to submit a filing application to the Copyright office.

But in recent years, this practice has become a thing of the past.

There is certainly nothing wrong with filing such an application, and it is sort of neat and reassuring to know that your own original material is being held on file in the Copyright office.

But there is a filing fee that needs to be paid, and if you are looking for a cheaper option, I'm happy to share a few ideas that I have encountered over the years.

If you know for certain that your music is going to be published (either independently or on an actual record label), you can actually declare your own copyright, without having to actually file for it. If you wanted to go this route, and you plan to have some cd's pressed independently, here are a few pointers:

(1) If it ever comes down to it, you must be able to somehow show proof that you did indeed declare your copyright, and the best way to do this is in writing. When you label your material, you can simply insert a copyright symbol along with the year of publication. This way, there is a written record of the publication year. And this can simply be done in your own hand-writing. The same rule applies if you are printing your own cd's. When planning your disc art, or the the artwork for the cd insert, don't forget to declare your copyright. For instance: © 2008

(2) Some folks also use the publication symbol (P), and as I understand it, where the © is meant to protect your authorship of the song (the music, the lyrics, etc.), the (P) is meant to protect the actual recording that you have made of this song (the performance, the mix, the mastering, etc.). And usually the (P) follows right after the ©. For instance: © & (P) 2008

(3) Keep track of the actual publication date. Once the material has been published, make a note of the date, and keep it in a safe place. That way, if it ever comes down to it, you can produce this note as proof of the publication date. If you send out for the cd's to be manufactured, save this receipt, and any related documents.

The main thing to keep in mind is that you will need to be able to show that the material was indeed published and you will need to keep track of the actual date of publication.

So far as I know, this is what most folks do nowadays.

However, there is one other trick to avoiding the Copyright office route, and in a situation where you are just doing your own "at home" publication, it will give you something a little more authoritative for your files.

Label your finished work with a declaration of your copyright, write down a note concerning the precise date of publication, and throw all of this stuff into a shipping envelope, and address this envelope to yourself. Before you seal the envelope, I would recommend making photocopies of everything inside. Then make a run to the Post Office and mail the package.

Once it arrives at your home, do not open it. Instead, put it away in your files for safe keeping. If there ever comes a situation where you need to prove the details concerning your publication and the date of publication, you'll have a strong piece of evidence on file.

Even so, the safest route, of course, is to get your material on file with the Copyright office. However, this is also the most expensive route. I sent in some material back in 1992, or thereabout, and the application fee was something like $45. Maybe more. I can't remember exactly. But definitely was not cheap, and as I recall, the rate went up significantly, right after I sent in that application.

Joe

Subject: Re: Copyrights....? Sat Apr 19, 2008 3:57 am

I know Im being a pain...but...can i send more than one song to the copyright office for the same fee or do i have to do one at a time?...Once again thanks for all your help and everyone else who has answered my questions...Hopefully one day I can start giving answers...

Joined : 13 Apr 2007 Posts : 932

These are all great questions, and I suspect that there are others out there who may benefit from this discussion.

Joined : 13 Apr 2007 Posts : 932

You can find more information here, including the application forms:

http://www.copyright.gov/register/sound.html

Subject: Re: Copyrights....? Wed Apr 23, 2008 9:33 am

FYI.....The fee is $45.00 per application