important question about copyrights....please help

[ElGenius1]

Good day,

 

I have a bunch of instrumental tracks that I would like to start shopping around to artists and start selling. However, I would like to protect my music in case someone were to steal one of my tracks.

 

I know I have to use an SR form and I can copyright a 'compilation' or 'collection' of songs in 1 CD.

 

Now here is the question.

If i copyright my whole collection of instrumentals (on a CD for the standard fee of $45), will EACH INDIVIDUAL TRACK in the collection be protected? or will ONLY THE COLLECTION AS A WHOLE be protected?

 

I have heard someone say that if I were to register my copyright as a COLLECTION, the individual songs that make up the collection are not protected on their own (only the collection as a whole is)-- which means someone can take one of the songs and do what they wish since it's not being used in the context of the collection.

 

This to me sounds illogical. I would think that If I copyright a collection of my instrumental tracks, and later someone decides to steal one of the tracks, I can take them to court and present my copyright as a form of proof that the track existed before they released it and I own the rights to it.

 

I know there are a lot of professionals and industry people on this board, so I would appreciate your expert advice on this situation.

 

BTW, this is my first time posting on Craig Anderton's forum since the musicplayer forums closed, so Greetings to all the fellow forum members. (i recognize a few of the same names )

[doug osborne]

If you ask IP lawyers this question, half will answer one way, and half will answer the other. IANAL, so...

 

If you register these as part of a collection, the individual parts can be defended in case of infringement. But, someone who wants to fairly exploit these (and obtain your permission/pay you) won't be able to find them.

 

If you register these individually, it will be easier to defend them individually, and it will be easier to make money from them. Two good reasons to pay a little bit more up-front. This sounds like a winner to me.

[ElGenius1]

thanks for replying, Doug.

 

 

But, someone who wants to fairly exploit these (and obtain your permission/pay you) won't be able to find them.

 

 

What do you mean by 'won't be able to find them'?

 

 

Btw, a big concern of mine is that copyrighting each track individually can get rather costly (as I have over 100 tracks). So I was looking for a way to protect them all at once.

 

Would it be a good idea to copyright them all at once, and then if I sell a track to an artist, copyright THAT track individually?

[doug osborne]

Originally posted by ElGenius1 ... What do you mean by 'won't be able to find them'? ...

 

www.copyright.gov - If someone wants to exploit your material, he or she won't be able to search for it by the name of the song, just by the name of the compilation (not much help). That puts you at a disadvantage, and him at an advantage.

 

Also, ASCAP, BMI, etc., need the individual copyright registration number to register the work, so you won't be able to generate revenue from them if you choose the compilation copyright.

[doug osborne]

Also, form SR is for the Sound Recording, and does not register the work. Use form PA for each individual work.

[Ani]

It's really too bad that the search feature on this site is disabled because there's at least one thread that covered this topic extensively.

 

First and foremost; IANAL!!!

 

Choosing the Correct Form (PA or SR)

 

Below is the opening line of the section linked above, but the link provides a LOT more information on the subject:

 

 

Copyright registration for a sound recording alone is neither the same as, nor a substitute for, registration for the musical, dramatic, or literary work recorded. The underlying work may be registered in its own right apart from any recording of the performance, or in certain cases, the underlying work may be registered together with the sound recording.

 

 

You protect the underlying works as well as the sound recording using the SR Form if all conditions are met pertaining to authorship and ownership; the form must be filled out properly to protect both properties.

 

One registration for both the sound recording and the underlying work

 

 

Form SR must also be used if you wish to make one registration for both the sound recording and the underlying work (the musical composition, dramatic, or literary work). You may make a single registration only if the copyright claimant is the same for both the sound recording and the underlying work.

 

 

Many of the same requirements apply to registering a collection of music as to what is required for registering an SR that protects both the underlying works and the sound recording.

 

Collection of Music

 

Two or more unpublished songs, song lyrics, or other musical works may be registered with one application and fee, but only under certain conditions stated in the Copyright Office regulations. One of those conditions is that the copyright owner or owners must be the same for all the songs. Copyright belongs to the author and can be transferred only by a written agreement or other legal means.

 

 

HERE'S WHERE IT HURTS!!!!

 

SUPPLEMENTARY REGISTRATION

 

Once a basic registration has been made for a work, any author or other copyright claimant or any owner of an exclusive right in the work wishing to correct or amplify the information given in the basic registration may apply for supplementary registration. A duly authorized agent of any such author, claimant, or owner of exclusive rights may also submit an application for supplementary registration.

 

 

The application for supplementary registration must be submitted on Form CA. To apply for supplementary registration an applicant should submit: A completed Form CA; A photocopy of the front and back of the certificate of the registration being amended; The nonrefundable filing fee of $100* in the form of a check or money order payable to Register of Copyrights. Do not send cash.