Copyright question for those in the know...

[fitness1]

A couple of months ago I wrote and recorded a pretty clever song incorporating 31 titles of one of my favorite singer/songrwriters tunes into one song. It came out much better than I anticipated and I feel the need to get it copyrighted so it can't be "stolen" if I post it online.

So, a couple of questions:


1) Does using the song titles (no "copied" music or full lyrics) make it uncopyrightable? (sorry if that's not a word - LOL)

2) If it is OK, what type of copyright do I need?

I started reading through the rules on the website, but it started making my head spin. I was hoping someone here could simplify it for me.

Thanks!

[ljguitar]

Originally Posted by fitness1

A couple of months ago I wrote and recorded a pretty clever song incorporating 31 titles of one of my favorite singer/songrwriters tunes into one song. It came out much better than I anticipated and I feel the need to get it copyrighted so it can't be "stolen" if I post it online.

So, a couple of questions:


1) Does using the song titles (no "copied" music or full lyrics) make it uncopyrightable? (sorry if that's not a word - LOL)

2) If it is OK, what type of copyright do I need?

I started reading through the rules on the website, but it started making my head spin. I was hoping someone here could simplify it for me.

Thanks!

Hi…

As I recall, titles are one part of a song which are not copyrighted.

Lyrics, melody, chord progression…yes. Title, no.

[RRuskin]

Originally Posted by ljguitar

Hi…

As I recall, titles are one part of a song which are not copyrighted.

Lyrics, melody, chord progression…yes. Title, no.

Titles are not copyrightable. Neither are chord progressions, per se.

[fitness1]

Thanks - so what kind of copyright would I need to protect this tune?

[Legolas1971]

Originally Posted by fitness1

Thanks - so what kind of copyright would I need to protect this tune?

The only things that can be copyrighted are words and melody....Chord progressions, beats, song titles, etc...cannot be.

You should choose a royalty collection entity first (ASCAP, BMI or SESAC). Then they can walk you through the process. There are also online companies that can do this for you for a small fee.

[RRuskin]

Originally Posted by fitness1

Thanks - so what kind of copyright would I need to protect this tune?

Form PA protects the work itself.
Form SR will protect the work and your recording of it.

Both forms require that you clearly state what you are seeking copyright protection for.

[fitness1]

thanks - I'll check into it.

[KevWind]

Since you have a recording of it, I would use form SR and I would do it electronically

go here http://www.copyright.gov/


Then under how to register a work go to the "Electronic Copyright Office " Blue ringed ( e ) icon, and select Sound Recordings form SR

[HankWillow]

One other basic concept, when you fix a song in a tangible form a copyright is created. What the copyright office provides is the "registration" of that copyright. While technically the moment you record the song your rights are established, registering the copyright makes enforcement a whole lot easier. Without it it's your word against their lawyers.

Rick

[Legolas1971]

Originally Posted by HankWillow

One other basic concept, when you fix a song in a tangible form a copyright is created. What the copyright office provides is the "registration" of that copyright. While technically the moment you record the song your rights are established, registering the copyright makes enforcement a whole lot easier. Without it it's your word against their lawyers.

Rick

I always go by the motto "If it ain't written, it ain't said." If you have any interest in writing songs it's imperative that you get your publishing straight. You can't walk into a courtroom and say, "Yeah, I remember I wrote that on such and such date and by the way here's the proof on my Tascam 4 track recorder." Now, if you compose and write in Pro Tools or some other digital software then there is a date of creation which would help you're cause. But even in that event it's going to be an up hill climb.

Get your songs registered and take care of your publishing.....

[DupleMeter]

I highly recommend filing the proper copyright forms. In this case form PA. There are "poor man's copyright" tricks, but they aren't worth the uncertainty. For instance, sending a CD (used to be tape) copy to yourself via registered mail and leaving it sealed is a popular work around to copyright registration.

Now, it seems there may be some confusion between copyright & publishing. By registering the copyright you are enforcing your ownership of the music. Publishing rights are only necessary once the music is made available for public consumption (as in released for sale either digitally or on media (CD, LP, et al)). I would not go through that process until you are releasing something to the public.

A third right you will want to secure is a performance right. Make sure you join a performance rights organization (PRO), like ACSAP, BMI or SESAC. This will protect your right to be paid for public performance of the music.

On a side note, if you join BMI as a writer you are automatically also given publishing rights through BMI unless you specifically assign publishing to another entity. As far as I know this is not the case for ASCAP or SESAC, who require a second registration as a publisher. This makes things easier in the future.

[MikeBmusic]

Yup, what Duple said ^^^^. BMI is free to join and register your songs as a songwriter. You can be your own 'publisher' and get 200% of the royalties! Publishing companies (if you create your own) have to pay to be members.

[RRuskin]

Originally Posted by MikeBmusic

.......You can be your own 'publisher' and get 200% of the royalties!............

This is misleading. The typical writer/publisher deal is a 50/50 split of any and all income that a tune makes. Writers that self-publish get 100% of that income.

[RRuskin]

Originally Posted by DupleMeter

............There are "poor man's copyright" tricks, but they aren't worth the uncertainty. For instance, sending a CD (used to be tape) copy to yourself via registered mail and leaving it sealed is a popular work around to copyright registration..............

So uncertain as to be a waste of time and postage.