COPYRIGHTING YOUR MATERIAL

 

Every Musicians Guide To
Geting it Done Right the
First Time
!



by: Annette @ D.I.Y.
Check out her Band
http://www.shutupmarie.com

I hate writing articles about this boring stuff 'cuz it makes for a very boring article, but it's so important that I can't NOT write the article. I promise I'll try to make it fun to read, but there are no guarantees. My next article will be about trademarking your band name.

First off, believe me when I tell you that you do NOT need a lawyer to copyright your material. If you are intelligent enough to read and follow instructions on filling out forms, you can DIY. Of course, I am the world's biggest advocate of DIY, so you can expect nothing less than my best advice on DOING IT YOURSELF.

There are no excuses for why you do not have your stuff copywritten if you don't. I'll waste no time telling you all the no-brainer reasons why you need to do it, and if you already know how to, read on anyway to absorb any info you might not already know.

Get your forms by calling the Hotline to order copyright forms: (202) 707-9100. You'll leave your name and address and the info about which forms you want on an answering machine and you can expect your forms in the mail in about a week. (I called on Dec. 31st and received my forms on Jan 7th.) Request both the PA and the SR forms, and Continuation Sheets. You will need Continuation Sheets especially if you want to copyright more than one song, or a collection. This is because every song title included in your collection needs to be listed in the "Title of the Work" section of the PA and SR forms, and there will not be enough space in that section of the PA or SR Forms if you have numerous songs to list. You will put the name of the Collection, such as "SHUT UP MARIE COLLECTION 2001" in the "Title of the Work" section on the PA or SR Form, and then use the Continuation Sheet to list each song "in 'SHUT UP MARIE COLLECTION 2001'", such as "Raining Like Crazy" in "SHUT UP MARIE COLLECTION 2001", "Like You" in "SHUT UP MARIE COLLECTION 2001". There should be enough room for 20 or more songs on this Continuation Sheet. I do know that instructions on filling out the PA and SR forms are also included with the forms. If you have further questions about filling out these forms, the Copyright info line is (202) 707-5959. If you do submit your material for copyright improperly, they will send you a letter stating what's wrong with your submission, and tell you how to properly submit.

For quicker access to the forms, go to www.loc.gov/copyright, and under "Publications", click on "Forms". At this time, the Copyright Office does not accept online registration, but you can fill it out online and print the filled out application, and mail it to: Library of Congress, Copyright Office, 101 Independence Avenue, S.E., Washington, D.C. 20559-6000. Be sure to include the proper fee and deposit materials (your tape or CD).

Also, the Copyright Office requires downloaded applications on a single sheet of paper; therefore, you should consider reinserting the first page back into your printer so that the back page will be printed onto it. These forms should be printed "head-to-head" on a single piece of 8 1/2" by 11" white paper so that when you turn the paper over, the top of page 2 is directly behind the top of page 1.

The PA form is what you use to copyright your basic song; melody line and lyrics only. (PA stands for Performing Arts, so I assume that this is the same form that script writers use to copyright their scripts, and I should be using this form to copyright my articles, but it just occurred to me so I guess I'll have to do that as soon as I'm done writing this article!) You can't copyright chord progressions. If you could copyright chord progressions, no blues band would ever have a chance in hell... the 12-bar blues progression is used by every blues band I know for a good number of their songs. They'd all get sued by whoever the first guy who used the 12-bar blues progression is. And I'm sure that guy is dead now anyway so I guess it's a moot point... unless it falls under the category of general public use, or general pubic use, in my case, because I generally think in those terms.... anyway... I digress...

I suggest you lay down your song on a good hand-held tape recorder with your vocal and something to give a basic accompaniment like a guitar or piano. That's all you need to send them.

According to US Copyright law, the song is protected a soon as it's written, but you want to send it to the copyright office to cover your ass. A guy in a former band of mine claimed to write this song that sounded EXACTLY like an Oasis song (I had not heard the Oasis song at this point yet), and then he heard that Oasis song and he said he thought they could have stolen his song. He told me that he'd previously sent it over to Europe to some girl, who, perhaps on the off-chance, could have possibly known one of the guys in Oasis. You just never know. Point is that he could not prove he wrote the song 'cuz there was no copyright form proving he wrote it years before the Oasis song came out. He would have won if he had the form and took them to court; his song sounded EXACTLY like that Oasis song. He would have made hundreds of thousands of dollars. He could have been lying, but why would he make an ass out of himself like that?

Get your basic song on tape or CD, type your lyrics out, fill out the PA Copyright form and send the stuff in. About 3-9 months later, you get your response back from the US Copyright Office telling you that your stuff is copyrighted under the file number they give you, and you keep that on file so you can refer back to it in the unfortunate case you'll ever need to. It costs $30 for as many songs as you want to copyright; you can copyright 1 song or 100 songs for that $30. In the case where you're copyrighting a number of songs, the title of the work is a collection, like "SHUT UP MARIE Collection 2001" or whatever. Just make sure that the address you fill out in the section they'll use to send your papers back to you is an address you

can retrieve mail from 9 months after you send your stuff. (Duh.) Send it to your parent's if you have a habit of moving every 2-3 months, like for those new Los Angeleans who just moved here and are staying with different friends until they get a place of their own.

The SR form is the second form you'll fill out once you have your song fully produced and have a professional recording to protect and therefore will want to copyright the SOUNDS you have created. Copyrighting your work using the SR form also costs $30, and can also protect a collection of songs. SR stands for Sound Recording, so it will protect all those riffs and hooky guitar parts that you create for that song while it's in development. If you do come up with some major-killer hooky guitar riff that you'd like to protect before you play your song on stage, I suggest you record that song produced to the best of your ability on a 4-track recorder and send it in with the SR form. Since, technically, the work is protected as soon as it's written, you should be okay without having to spend the $30. each time you write those killer hooky guitar riffs, but if you can at least record a club performance and date it, you have a dated record of that song and those riffs with witnesses and that should protect you until you can SR copyright the song in a collection.

If you have not yet filled out the PA form for your work, and you have completed fully-produced recordings, you only need to fill out and send in the SR form with lyrics. This protects the entire work and sounds, and that would include those lyrics you have written. Then continue to PA copyright your work periodically, I suggest at least every 6-12 months, protecting the most recent collection of any new songs you have written. Copyrighting your material is obviously an ongoing thing for us artists, so be sure to check out the latest fees and stuff at their webiste.

Meantime, keep loading your gun.

 

You can read more of Annette's articles @:
http://www.diymagazine.com

 

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