copywriting and sample clearance

hey ya'll

I know the topic is broad, but does anyone know any simply defined parameters for copywriting. I've looked at some things but haven't felt content with the info. Also, is sample clearance a matter of contacting the record company that owns the material or is there something I'm missing. And if anyone has gotten sample clearance for any of their music, how much did run? I understand that it would most certainly vary greatly and that may be too personal, but if you can help I would appreciate it.

Thanks,

Will:thu:

It might be you're barking up the wrong tree...the spelling is "copyright" (it's, literally the RIGHT of COPY)

[Note : not trying to be a spelling Nazi, I just mean if you are looking for "copywrite" are probably missing a lot]

What kind of parameters are you looking for?

These days, copyright is "automatic"...you gain copyright by virtue of fixing a work in a medium.

I would add that while what Paul said is 100% true, it is best to Copyright with the Govenment- there are 2 for each song, one for the song itself, and another for the song recording. This gives you the right to sue and recover damages is someone steals your music. Typically a "self" copyright is much weaker in a court.

As for sample clearance, you don't call the record company, you call the publishing company. Expect to get blown off if you aren't big-time.

-Todd A.

Keep in mind that is REGISTRATION of copyright, not copyright itself

(I bring that up b/c I think folks often misunderstand copyright to work like patents ... they aren't ... copyright exists without registration and sort of conversely copyrights aren't prosecuted like patents are...so a registration of copyright is a registration of claim to copyright)

but yeah, absolutely, as Chinese mentions - register your claim to copyright

Excellent point, 100% +1000

-T

Thanks for all the info guys,

and please if anyone has anymore information please post it.

perhaps you can give us a little more idea of what you are trying to accomplish...that might help us focus the conversation

This is one of those topics where there's a million little details, but overall broad truths.

Overall, copyriight is automatic (as of 1976). You don't need to do anything to get it, although you should do stuff to protect it.

I disagree with the Chinese, although i think we may be saying the same thing in different ways:

Registering copyright doesn't give you the right to sue and recover damages. You already have that right even if you don't register. However, if you register you are able to recover attorney fees and extra damages if infringement is determined to be willful. In practice, if someone is intending to sue for infringement, they will register if they haven't already done so. But contrary to what a lot of people think, registration doesn't give you any more of a "copyright" than you already have.

As MorePaul asked, are you interested in protecting your own copyrighted work, or are you interested in using the copyrighted work of others?

FWIW, the purpose of copyright is to insure both: to provide incentive for the creation of new works by allowing creators to protect (and profit from) what they do, and at the same time, encourage the use and distribution of copyrighted material. These two intentions are often at odds, and copyright law attempts to balance them.

The balance, incidentally, is different under the copyright laws of different countries. For example, France gives more rights to the content creators; America gives more rights to those who wish to re-purpose copyrighted materials.

Therefore, as it pertains to you, copyright law allows you to protect and profit from your work. Registration is not essential, but a good idea. At the same time, copyright law also allows you to use materials created by others (as long as they have already been recorded once - if you create something, you get the right to record it the very first time). In order to use materials that have been created by someone else (who therefore owns the copyright), you either have to pay a liscence to do so, negotiate an agreement, or fall under one of four categories described in the Doctrine Of Fair Use. Fair Use (which, by the way, is not always cut and dry) lets you use copyrighted materials for free, and without asking permission, under certain conditions.

-Peace, Love, and Brittanylips

Uhhhhh.... I think that may have been a typo. To clear a sample you must get permission for BOTH the Sound Recording AND the Composition. That's two different copyrights to clear. The sound recording is usually (but not always) owned by the record label for which the recording was made. The composition is usually (but not always) owned by the publishing company associated with the song.

If you only want to replay something, then you just need to clear it with the publishers, but if you want to sample something then you need to clear it with both.

hmm, there we might be getting into the stuff tested in Newton v Diamond in the 9th circuit a couple of years ago

Chris-

You are absoluutely correct, my Bad. I forgot about the SR, I was thinking cover tune.

I stand corrected...

I think you're correct on this, in regards to attorney's fess etc. It' sbeen awhile since I talked to Don Passman

No seriously, THiings may have changed or new precedent set since I was taking Music Biz courses.

I didn't mean to imply that Registration gave you "more" of a copyright, sorry if I did. I was attempting to make the point that if you have to takethings to court, that registration will strengthen your case somewhat.

-Todd A.

Thanks for all the responses!

From reading all this I've ascertained that I need to get copyright. I believe...but correct me if I'm wrong, that there are some forms to fill out and a fee that is under a hundred dollars. One other point I've remembered is that I need to copyright the lyrics seperate from the performance of the song, if I'm not mistaken.

The registration is confusing me though. Is it literally "registering" one's copyright with the government, since copyright is automatic now? Which if that's the case the form I spoke of above might be registering my copyright, correct?

In terms of the sample, I have two distinct samples in the group of songs I wish copyright. It sounds like I need to contact the record company and the publishing company if I wish to sell any of my recorded work. Thus far, I have only performed it live and given away CD's with the songs on it that contain the samples. Music is a hobby of mine and I don't see selling a few CD's here there at sporatic performances in the future an impending law suit, but I may be wrong.

I believe there was a reply post that said unless I was big time, to not count on getting any response from the record companies etc. that own the music. But I have several low budget, self recorded cd's that are nationally distributed with samples I can pick out, and I assume these guys clear their samples, so there must be a popular way to do it. I guess it depends on the threshold of "big-time". Is this true or is there a good way to clear samples I'm using?

Thanks for all the help so far, I appreciate it.

Will

Originally posted by The Chinese It' sbeen awhile since I talked to Don Passman

There should be a Don Passman plug-in. he is the man!

-PL&B

Speaking of Don Passman, if you buy his book "All You Need To Know About the Music Business" you will learn all you need to know about the music business. check it out!

Briefly, you don't need to do anything about copyright to get it - you already own your copyrights. Congratulations!

For a "poor man's registration" (that's relatively painless): take a copy of your recording or a lead sheet (some form in which your song is put down), and mail it to yourself. When you get the envellope, don't open it. The postmark will be proof of its existence at a certain date. If it starts to generate sales, interest, or theft, (or you want to cover all bases), then worry about gov't. registration.

Regarding sample use, if you are not making money from them, there isn't all that much interest from copyright holders to go after you. If you see yourself making money from other people's work, at that point you may want to see an entertainment lawyer for advice w/ clearence.

-Peace, Love, and Brittanylips

I wouldn't count on the "poor man's copyright" for proof (at least not USA - I have heard that Canadian law is different in this respect but am unsure of its validity - I'm not sure how the Canadians ensure integrity of the seal in their registered mail system) as it is proof that the envelope was mailed,not the contents

One great old chestnut exrcise is ...mail youself an unsealed (now I haven't done this one post 9/11 - anthrax, etc but I doubt it has chaged) or, if you pref, non-permanently sealed (should still be fine post 9/11) envelope

not to mention the "CIA flaps and seals manual" has been public for 30+ years