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Copyright question


expertune

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I am new here. I tried to search old posts but they look all gone.


Just a quick and simple question: If I write a song, and another guy writes the lyrics, how can we make the song melody and lyrics copyright protected? Thanks

 

 

Since you live in Canada, copyright is automatic once you write the song. You can copyright the song or a book of songs with CIPO in Canada for $60. But they will not accept a copy of the lyrics/music. You will get a certificate indicating you have copyrighted the title/book, but it is a little lame IMHO since you can't register a copy of the music lyrics like they can in the US. I guess you could consider getting it published...then register with SOCAN. You could also get them notarized by a Notary Public.

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I always thought that Canadians also registered their copyrights the same way folks residing in the US do - through the Library of Congress, Forms PA and/or SR...I guess this has changed???

 

 

Do you mean it's just as simple as filling some forms?

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Since you live in Canada, copyright is automatic once you write the song. You can copyright the song or a book of songs with CIPO in Canada for $60. But they will not accept a copy of the lyrics/music. You will get a certificate indicating you have copyrighted the title/book, but it is a little lame IMHO since you can't register a copy of the music lyrics like they can in the US. I guess you could consider getting it published...then register with SOCAN. You could also get them notarized by a Notary Public.

 

 

Automatically? That's cool. But how can ppl tell who writes it if something happens?

 

So a song =/= lyrics+music, a song has to be sung by somebody, I am not sure if I understand correctly. Thanks

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Copyright is automatic as soon you 'affix' your music into a medium such as sheet music or an audio recording. However for your copyright to hold any water legally, it is mandatory that you register your copyright. In the past, anyone in North America registered their copyright with Form PA and/or SR at the Library of Congress. Perhaps this has changed for Canada...I have not lived in Canada in many years so the rules have changed, I guess.

 

If you go the Library of Congress route (that is, if it is still valid for Canadian residents), just go to their website and download forms PA and/or SR. Form PA is for lead sheets or sheet music and Form SR is for sound recordings. Fill out the forms, write a check for US$45 and include your sheet music (PA) or compact disc (SR) and mail it. Your copyright is considered registered as soon as it arrives at the Lib of Congress.

 

I used to think that doing Form SR was sufficient but someone here made mention of doing both.

 

If indeed things have changed in Canada then you're on your own as I don't know what the new procedure is.

 

That's all I know...if any of it's inaccurate hopefully someone will swoop in with the correct info.

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Copyright is automatic as soon you 'affix' your music into a medium such as sheet music or an audio recording. However for your copyright to hold any water legally, it is mandatory that you register your copyright. In the past, anyone in North America registered their copyright with Form PA and/or SR at the Library of Congress. Perhaps this has changed for Canada...I have not lived in Canada in many years so the rules have changed, I guess.


If you go the Library of Congress route (that is, if it is still valid for Canadian residents), just go to their website and download forms PA and/or SR. Form PA is for lead sheets or sheet music and Form SR is for sound recordings. Fill out the forms, write a check for US$45 and include your sheet music (PA) or compact disc (SR) and mail it. Your copyright is considered registered as soon as it arrives at the Lib of Congress.


I used to think that doing Form SR was sufficient but someone here made mention of doing both.


If indeed things have changed in Canada then you're on your own as I don't know what the new procedure is.


That's all I know...if any of it's inaccurate hopefully someone will swoop in with the correct info.

 

 

 

Thanks a lot! I will check it out with my buddy.

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Actually, under the Berne Convention (1886), copyright is automatic, and it is prohibited to require formal registration.

 

The exception being the U.S. (which did not sign the Berne Convention until 1988) where statutory damages can only be considered for registered works.

 

The Convention only covered written work. With the advent of technology, the Rome Convention (1980) was written and ratified.

 

Both Berne and Rome use the copyright laws of the country of origin for copyright disputes.

 

If you are in Canada and produce original material that may get out there, you should consider joining SOCAN.

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If you go the Library of Congress route (that is, if it is still valid for Canadian residents), just go to their website and download forms PA and/or SR. Form PA is for lead sheets or sheet music and Form SR is for sound recordings. Fill out the forms, write a check for US$45 and include your sheet music (PA) or compact disc (SR) and mail it. Your copyright is considered registered as soon as it arrives at the Lib of Congress.

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Im afraid this is WRONG. Below is a diect cut/paste from the copyright web site that explains the difference between PA and SR. PA is NOT just for lead sheets or sheet music. (just goggle copyright and go to the US office of...)

 

PA protects the underlying compsoition. You can send in a CD to register a PA copyright.

SR protects the specific sounds on a specific recording.

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Choosing the Appropriate Registration

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.

 

When to Use Form SR (Sound Recordings)

Use Form SR for registration of published or unpublished sound recordings, that is, for registration of the particular sounds or recorded performance.

 

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. In this case, the authorship statement in Space 2 should specify that the claim covers both works.

 

Form SR is also the appropriate form for registration of a multimedia kit that combines two or more kinds of authorship including a sound recording (such as a kit containing a book and an audiocassette).

 

When to Use Form PA (Performing Arts)

For registration purposes, musical compositions and dramatic works that are recorded on disks or cassettes are works of the performing arts and should be registered on Form PA or Short Form PA. Therefore, if you wish to register only the underlying work that is a musical composition or dramatic work, use Form PA even though you may send a disk or cassette.

 

NOTE: Sounds accompanying a motion picture or other audiovisual work should not be registered on Form SR. The copyright law does not define these sounds as "sound recordings" but as an integral part of the motion picture or audiovisual work in which they are incorporated. These sounds are classified as works of the performing arts and should be registered on Form PA.

 

 

Examples of the Proper Use of Forms PA and SR

Jane Smith composes words and music, which she entitles "Blowing in the Breeze." Even though she records it, she is not interested in registering the particular recording but only in registering the composition itself. If she decides to submit "Blowing in the Breeze" for copyright registration, she should use Form PA.

 

Emily Tree performs and records Jane Smith's "Blowing in the Breeze" after complying with permissions and license procedures. If Emily decides to submit her recording for copyright registration, she should use Form SR.

 

The same principles apply to literary and dramatic works. A recorded performance of an actor speaking lines from "Hamlet" could be registered on Form SR as a sound recording. The claimant in the sound recording, of course, has no copyright in the underlying work, "Hamlet."

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