Talk about the music biz - marketing, promotions, contract law, copyright etc...
User avatar
By MalaKai Wed Aug 05, 2009 4:52 am
This is a theoretical question I'm asking myself.

To give a hypothetical example, imagine you produce an original composition beat, put it out there, someone records over it and the song becomes a hit. You originally did not go through the steps of registering the work, but you and you alone have access to the original multi-tracks/project file.

Would this kind of thing hold up in court?
User avatar
By crusoe Wed Aug 05, 2009 7:52 am
If you really want to be sure, before you distribute your track courier a copy to yourself and leave it sealed. You'll have the courier records and a post mark on the envelope proving ownership before anyone else can.

If you have a lawyer you could send them a copy too.
User avatar
By MalaKai Wed Aug 05, 2009 8:44 am
i keep hearing that "poor man's copyright" just simply doesn't work, never holds up in court, and is no substitution for registered works.
User avatar
By crusoe Wed Aug 05, 2009 10:40 am
Well these guys seem pretty legit - might be worth investigating.

http://www.songrite.com/

Although to be honest, they provide a service that you can do yourself with a little bit of knowhow. Where do you live? In the UK you can register with the PRS who will confirm ownership of musical works in legal disputes. In the states I think it's the RIAA.

Here's some information relevant to the UK - http://www.copyrightservice.co.uk/prote ... _copyright
User avatar
By MalaKai Thu Aug 06, 2009 5:41 am
In America it's either the Copyright Office or ASCAP/BMI, in terms of either route establishing ownership of copyright. What I'm asking is ... say you did not want to do that. Theoretically if you own the copyright for your own work automatically and were called out or had some incentive to prove this ownership, wouldn't multi-tracks (assuming only you had access to them) do this?
User avatar
By mr_debauch Thu Aug 06, 2009 6:11 am
MalaKai wrote:In America it's either the Copyright Office or ASCAP/BMI, in terms of either route establishing ownership of copyright. What I'm asking is ... say you did not want to do that. Theoretically if you own the copyright for your own work automatically and were called out or had some incentive to prove this ownership, wouldn't multi-tracks (assuming only you had access to them) do this?



well if you have all the original files i suppose it might prove you made it. but I wonder if it proves that you own it.
User avatar
By Doglamp Thu Aug 06, 2009 8:06 am
MalaKai wrote:Original post.

I think so, but a song with a .mp3 instrumental isn't really going to sell much is it?
(Or intended to sell much.)

What if they recreate your beat? At the same time...

Are major labels looking for songs on myspace to copy? On top of that:
Are they going to use the exact same arrangement?

Just copyright everything you make man.... Is it really that expensive? :D

MalaKai wrote:In America it's either the Copyright Office or ASCAP/BMI

I didn't know that. I always thought you had to send it to both.
Last edited by Doglamp on Thu Aug 06, 2009 8:29 pm, edited 1 time in total.
User avatar
By MalaKai Thu Aug 06, 2009 8:28 am
Doglamp wrote:Just copyright everything you make man


Everything you make is already copyrighted by virtue of you establishing it in a tangible medium. The only reason people register their works is to prove ownership of this copyright. It's like a notary public type thing.

So basically, if one was to register a work (based on my current ignorance/knowledge), it could be from either a PRO (performing rights organization = ASCAP/BMI/SESAC) or the Copyright Office.
User avatar
By MalaKai Thu Aug 06, 2009 11:44 pm
This puts at least a couple of things into perspective:

It's all a balance. The "poor man's copyright" is definitely not comparable to a registration at the copyright office-- but it's a lot cheaper. ASCAP, BMI or SESAC registrations are also not as strong as the Copyright Office, but if you're already a member, they're free, quick, and certainly recognized throughout the industry as legitimate records of your song's existence. If you have a "poor man's copyright" and nothing else-- it's not a terribly persuasive case. If you have a "poor man's copyright", all kinds of records about the session, signed split letters, and an ASCAP registration, the cumulative effect is pretty strong-- and you haven't spent any money.

Remember, most of the people filing infringement claims are either crazies, opportunists, or people that truly believe that your work, legitimately registered or not, was derived from their own work. All any of these precautions do is show when your work came into existence. It doesn't prove that yours is an original work.

In light of all that, I always think it's best to find a balance of what is precautionary, and what is economically feasible.

Thanks for your support of the blog.

Eric


http://ericbeall.berkleemusicblogs.com/2009/08/03/beware-of-the-suits-lawsuits-that-is/
User avatar
By BLiTzZD Tue Aug 11, 2009 7:52 pm
Why not get an IRSC code? I may be off on the spelling but anyway...

I have a PS3, and there is a social application on the network where people can interact in a virtual world with other people. They have an area for music, with a beatbox which plays select songs posted by Sony. (theyve had Del, 50cent and a wack of other people on there)

At any rate I wanted to submit some beats to be heard by the world, so I contacted them. They told me to get an IRSC code (which is free).. This code "stamps" your music and allows you to identify your work. If somebody stole your music, the code is forever embedded in it and they can be caught.

It's a great way to identify your work, HOWEVER... remember if you claim something as yours.. and haven't cleared a sample.. you could get burned for it.
User avatar
By MalaKai Wed Aug 12, 2009 4:46 am
temetrepo wrote:Why not get an IRSC code?


From what I've read (https://usisrc.org/(S(sml5ulfb5erk1j55t2mk2o55))/ISRC_FAQ.aspx#Q6), the IRSC codes are put into id3 tags, which as everyone knows are easily stripped or altered. Altogether I wouldn't the RIAA anyway. Almost every protection device they have invented has been circumvented one way or another.
User avatar
By mr_debauch Wed Aug 12, 2009 4:53 am
MalaKai wrote:
From what I've read (https://usisrc.org/(S(sml5ulfb5erk1j55t2mk2o55))/ISRC_FAQ.aspx#Q6), the IRSC codes are put into id3 tags, which as everyone knows are easily stripped or altered. Altogether I wouldn't the RIAA anyway. Almost every protection device they have invented has been circumvented one way or another.



yeah, like playing it and recording the song on your mpc for example (or directly into your computer)