Members Bluesguitar Posted March 23, 2005 Members Share Posted March 23, 2005 Hey, I was told tonight by a friend that you cannot use the copyright symbol (©) unless you have gone through the registration process. I've looked on the copyright site and have not been able to find this anywhere. (Note: This was in reference of music to be broadcast, if that matters)I know for a fact (the website even says so!) that as soon as something (in this case, our songs) has been recorded they are copyrighted. Just not registered with the government. She was told this "fact" by "someone in the music business" and she doesn't believe me when I say that's not true. If something is copyrighted, why couldn't you use the symbol??? Link to comment Share on other sites More sharing options...
Members BlueStrat Posted March 23, 2005 Members Share Posted March 23, 2005 Originally posted by Bluesguitar Hey, I was told tonight by a friend that you cannot use the copyright symbol (©) unless you have gone through the registration process. I've looked on the copyright site and have not been able to find this anywhere. (Note: This was in reference of music to be broadcast, if that matters)I know for a fact (the website even says so!) that as soon as something (in this case, our songs) has been recorded they are copyrighted. Just not registered with the government.She was told this "fact" by "someone in the music business" and she doesn't believe me when I say that's not true. If something is copyrighted, why couldn't you use the symbol??? You can use the symbol. Though you don't have to. From the copyright website: HOW TO SECURE A COPYRIGHTCopyright 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. Link to comment Share on other sites More sharing options...
Members BlueStrat Posted March 23, 2005 Members Share Posted March 23, 2005 Music to be broadcast is likely more subject to licensing, not copyright, issues. Link to comment Share on other sites More sharing options...
Members Bluesguitar Posted March 23, 2005 Author Members Share Posted March 23, 2005 Originally posted by BlueStrat Music to be broadcast is likely more subject to licensing, not copyright, issues. That's more understandable. Here's the whole story. The singer for my band is preforming at a talent show thing in Vegas this weekend and she's singing one of our songs. She'll be singing to an instrumental version of our song on a cd we recorded. This guy not only told her that we couldn't use that symbol, but that the studio we recorded at actually owns the song. Since we are not signed to any lable, nor do we have any contracts with anyone, that is not possible. Just because we recorded it somewhere does not mean the person/company/corporation that did the actual recording process owns the song. (That was the first thing that tipped me off that this guy is full of S***) Link to comment Share on other sites More sharing options...
Members mmmiddle Posted March 25, 2005 Members Share Posted March 25, 2005 A work is copyrighted as soon as it is fixed in a tangible form. This means if you tape record it then it is copyrighted. (Or if you write music, write the composition down.) Also, for music that is recorded you want to use the P in a circle instead of a C in a circle. From Copyright Office Circular 01, page 4: "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." Link to comment Share on other sites More sharing options...
Members BlueStrat Posted March 25, 2005 Members Share Posted March 25, 2005 Originally posted by mmmiddle A work is copyrighted as soon as it is fixed in a tangible form. This means if you tape record it then it is copyrighted. (Or if you write music, write the composition down.)Also, for music that is recorded you want to use the P in a circle instead of a C in a circle.From Copyright Office Circular 01, page 4:"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." It may be used to copyright the design and artwork of the CD jacket, however. Link to comment Share on other sites More sharing options...
Members chrisgraff Posted March 25, 2005 Members Share Posted March 25, 2005 Originally posted by Bluesguitar (That was the first thing that tipped me off that this guy is full of S***) And you would be correct. You own the song, until you (contractually) assign ownership elsewhere. The studio doesn't own the recording either, as (I assume) they were paid by you; that would make it a "work for hire". ...which means you own the recording too. Link to comment Share on other sites More sharing options...
Members elsongs Posted March 28, 2005 Members Share Posted March 28, 2005 If you legally own the copyright, you have every right to use the "©" symbol as you see fit, even if you have not gone through the registration process. Say you make up a song, cook it up on your computer, and encode it as an MP3 and put it on your website for people to download. You can put a "© 2005 Your Name Here" in the comment field of the mp3 info right away. However, the purpose of the registration is so you have solid PROOF that you own the copyright, if any legal issues arise. Link to comment Share on other sites More sharing options...
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