Thread: Song Rights?
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Old 08-03-2019, 04:59 PM
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KevWind KevWind is offline
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Quote:
Originally Posted by keith.rogers View Post
It's not copyright itself, which occurs as soon as you write it down or record it, presumably, but the registration that provides legal recourse.
Yes since he said the works were "registered" I stated it provides for legal recourse if infringed. But that is not really what he was asking about .
Quote:
So, if the work is copyrighted, you do not "lose control" but if you have not registered it, you will have a very hard time making an infringement claim (though you might find a lawyer willing to take a lot of your money for one).
Well actually as I stated yes you do in fact "lose control" over the specific aspect of control the OP was asking about . I was attempting to point out that in answer to his actual question, once a copyrighted work is "published" (distributed to the public) registered or not, then in reality the author no longer has " legal control" over "who" can then perform/cover that work in public.
Once it is published the copyright holder is entitled to royalty compensation (whether or not it logistically amounts to anything is different discussion) But the copyright holder has no legal control over who or when it is performed /covered in public.




Quote:
Originally Posted by Mr Bojangles View Post
I do play my songs in public, and they are registered. My concern was in having them played on the radio.
My understanding is that radio play constitutes "publishing". Once something is published, does that mean the song is fair game for anyone to perform?
Yes once it is published it is "fair game" for anyone to perform..... Question do you play any covers in public ? if so then you realize the author has no control over you doing that, that is same the situation.

Quote:
If so, I assume the fact that the songs are registered with BMI and the copyright office allows me royalties. I really don't understand the possible pitfalls of having my originals published.
There are no pitfalls (that I can see) as far as them being "fair game for performance" per se . The possible pitfalls have nothing to do with performance, they have to do with simple logistics . Once published and distributed say radio airplay, then there is more of possibility (probably very very slim but still more possible) that someone might reproduce and distribute and either falsely claim authorship, or attempt to distribute without paying the royalty fees for a reproducing a cover ( SEE The above mentioned Harry Fox agency) Both of these 'Infringements" are covered under Copyright protection law . Again no guarantee it won't happen, only legal recourse if it did . But the likelihood is pretty slim unless they are so overwhelmingly outstanding that you should probably already be promoting them to the top artists in the business. Jusss sayin'




Quote:
If not published, my understanding is that someone would need my permission to perform or record them. I'm just trying to control what happens to my original material.
Technically that's correct someone would need to get permission to perform them in public .
Technically would not need your permission to simply "record" your song but would definitely legally need permission to try to publish that recording .

But again the real question is "why" would you want to "control" someone simply performing a cover of your song ?
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Last edited by KevWind; 08-03-2019 at 05:28 PM.
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