Question

[fuzzball]

I have sent in my form to get my new CD copyrighted, can I go ahead and put the CD on CD baby now or should I wait until I get the proof that it is copyrighted first. I have copyrighted stuff before so I don't think I will have any issues, but I have never tried to release a CD before the form had come back.

[Scheming Demon]

If you've done it before then you know it can take up to 6 months before you get your forms back.

 

If memory serves I am pretty sure you can put a "c" without it being circled to signify the copyright is pending. You are supposed to only use the circled c after the copyright is registered.

 

It should be OK, I don't think it's necessary to hold things up for a number of months.

[BlueStrat]

 

Originally posted by Scheming Demon If you've done it before then you know it can take up to 6 months before you get your forms back. If memory serves I am pretty sure you can put a "c" without it being circled to signify the copyright is pending. You are supposed to only use the circled c after the copyright is registered. It should be OK, I don't think it's necessary to hold things up for a number of months.

 

 

Not true. A work is copyrighted the moment it is made into a hard copy form. Registering it only makes an official record of the copyright which aready exists.

 

 

"HOW TO SECURE A COPYRIGHT

Copyright Secured Automatically upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

 

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

 

If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date."

 

_________________________________________________

 

"The Copyright Office does not take a position on whether copies of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice.

 

Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504©(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.

 

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.

 

 

Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain all the following three elements:

 

1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and

 

2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and

 

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

 

Example: © 2002 John Doe

 

The "C in a circle" notice is used only on "visually perceptible copies." Certain kinds of works--for example, musical, dramatic, and literary works--may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies," the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded.

 

Form of Notice for Phonorecords of Sound Recordings*

* Sound recordings are defined in the law as "works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word "phonorecord" includes cassette tapes, CDs, LPs, 45 r. p. m. disks, as well as other formats.

 

The notice for phonorecords embodying a sound recording should contain all the following three elements:

 

1. The symbol (the letter P in a circle); and

 

2. The year of first publication of the sound recording; and

 

3. The name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. If the producer of the sound recording is named on the phonorecord label or container and if no other name appears in conjunction with the notice, the producer's name shall be considered a part of the notice.

 

Example: 2002 A. B. C. Records Inc.

 

NOTE: Since questions may arise from the use of variant forms of the notice, you may wish to seek legal advice before using any form of the notice other than those given here.

[fuzzball]

Thanks I knew that a work is copyrighted after it is in a physical form, but I was unsure if I should start selling it without the papers back. It sounds like I will be safe there thanks.