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  #16  
Old 08-04-2019, 08:32 AM
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opps double post
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  #17  
Old 08-04-2019, 08:57 AM
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Quote:
Originally Posted by Mr Bojangles View Post
I plan to record some original songs at a recording studio. How does this affect my rights to the material if the studio were to keep a copy of the recording? What if it were played on a local radio station? My songs are registered with the copyright office in Washington. So far, I'm the only one who has a recording. It was done at my home studio, and is not of professional quality.
No legitimate recording studio will do anything with a client's material without express permission.

In the days of analog, my clients would walk out with all of their tapes.
With digital, I'll transfer everything from my system to the client's drive and then purge the material from mine.
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  #18  
Old 08-04-2019, 10:22 AM
Mr Bojangles Mr Bojangles is offline
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To those who gave helpful advice, thank you. To those who were borderline snarky, thank you also, but I'm sorry that I posted.

Yes, I do play my originals in public. No, I try not to allow people to record my performances on their phones. They have no legal right to record my performance, although it is sometimes hard to prevent it.

Yes, I do play covers. And the venues are paying into ASCAP and BMI. I am not going to stop playing my own songs in public. So much for the Simon & Garfunkel reference. I just want to have some say in who can perform my songs. Once I publish them, that option is gone. They are my creations, so I can manage them as I wish. I simply wanted to know if radio air play constitutes publishing, and I have my answer.
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  #19  
Old 08-04-2019, 11:00 AM
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Originally Posted by Mr Bojangles View Post
To those who gave helpful advice, thank you. To those who were borderline snarky, thank you also, but I'm sorry that I posted.

Yes, I do play my originals in public. No, I try not to allow people to record my performances on their phones. They have no legal right to record my performance, although it is sometimes hard to prevent it.

Yes, I do play covers. And the venues are paying into ASCAP and BMI. I am not going to stop playing my own songs in public. So much for the Simon & Garfunkel reference. I just want to have some say in who can perform my songs. Once I publish them, that option is gone. They are my creations, so I can manage them as I wish. I simply wanted to know if radio air play constitutes publishing, and I have my answer.
Since I made the comment about Simon probably not caring about my covering his song, (which BTW has nothing to do with you playing your songs in public ,but has to with others playing your songs in public ) .

So first let me say
I was not trying to be "borderline snarky" so apologies if it seemed that way.
I was trying to shine a bright light from a different perspective and observation on your concern about control and to offer some objective thoughts and observations about the reality of attempting "control over performance". Because we all, sometimes have totally subjective notions about things, that perhaps need a bit more objective rethinking. just sayin'

In a much much broader sense, perhaps also consider, the concept that (other than personal perspective) "control" is pretty much an illusion
Take it or leave it, obviously your choice. Good luck
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Last edited by KevWind; 08-04-2019 at 11:10 AM.
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  #20  
Old 08-04-2019, 12:04 PM
jim1960 jim1960 is offline
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Quote:
Originally Posted by Mr Bojangles View Post
Yes, I do play my originals in public. No, I try not to allow people to record my performances on their phones. They have no legal right to record my performance, although it is sometimes hard to prevent it.
How do you prevent it in a venue that allows it to happen? And I'm not sure you're correct in your "They have no legal right to record my performance" assertion. If the venue allows it, I'm not sure you have a legal privilege to assert. The only thing you can do is object if the person who films it shares it publicly. But by then, the cat is out of the bag.
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  #21  
Old 08-05-2019, 07:21 AM
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I have to agree with others in asking what is your objection to others performing your songs - or videoing them?
Maybe your songs ARE really good, but do you believe that a radio play is going to have other players scampering to learn and cover your songs?

I have had one person ask me about doing one of my songs - I politely asked him not to, only because I thought he was a very poor singer (worse than me!) and performer.

Now if someone records and distributes one of your songs (via CD or online streaming services), you have the right to seek compensation for it (above and beyond any PRO money you will receive as the song's writer.) But in a court of law you are not going to receive a windfall unless that artist who did the recording gets a big 'hit' from it.
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  #22  
Old 08-05-2019, 09:11 AM
jim1960 jim1960 is offline
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To give this some perspective... I've had a bunch of my songs played on various radio stations and on the cable television music channels. My songs have also shown up, in part, on more than 30 television shows. And more recently, a horror short that featured a song I co-wrote won First Prize in it's category at the New York International Film Festival this year. No one has recorded any of my songs without permission. I can't point to even a single minor negative result from any of this.
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  #23  
Old 08-05-2019, 09:44 AM
Tahitijack Tahitijack is offline
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How times have changed.

Way back in the day we wanted our song to be played on the radio and pulled over to listen to it when it was.

Today we worry about having our song being played on the radio.
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  #24  
Old 08-06-2019, 07:21 AM
MikeBmusic MikeBmusic is offline
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Quote:
Originally Posted by Tahitijack View Post
Today we worry about having our song being played on the radio.
Not "we", just the OP!

I've had a few of my songs played on the radio, and done one live show - always nice for it to happen!
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  #25  
Old 08-06-2019, 08:58 AM
Mr Bojangles Mr Bojangles is offline
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It's always interesting when the pack smells blood. I've already said that I wished I had never posted. It's really OK to lay this one to rest, folks. They are my original songs and I can manage them as I see fit. But go ahead and toss a few more stones...
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  #26  
Old 08-06-2019, 09:00 AM
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Your original music is yours at the time you create it. Proving you have created an original is a different story however.

Federal Copyright And Trademark Registration probably most secure claim that the music is your original.

Post it online somewhere (your website, YouTube, etc.). Then it is a matter of the timeline (who was first) and fighting it out.

Knowing if your music is being played somewhere in the digital distribution network: Use something like CDBaby who will monitor this for you and collect royalties for your account.

Knowing is someone is playing your music in some coffee house: good luck with that.
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  #27  
Old 08-06-2019, 01:46 PM
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Hey all, new poster here... So this is an interesting topic with a lot of food for though posted. So I'll add a bit of real life experience and try to keep it short and to the point. I had a tune that got "lifted" was an international hit by an artist y'all would know (and I ain't gonna post who, sorry). Sold well over a million copies and was a video hit in the MTV days when they played videos still.

Getting a copyright infringement case in court is a tough one to collect on. They key to winning a case is you have to prove access. Meaning how did they get access to your song, that resulted in the lawsuit. I learned early in on my lawsuit that the copyright basically allowed me to sue for punitive damages as proof it was written and logged with the Copyright Office.

So my tale begins with, my writing partner handing a copy off to someone at a big pub co part of a label without me knowing. Within a year my writing partner gets cancer and passes away. Pub Co figures who would know he wrote it. So fast forward 2 years, I have a new band and we are doing the tune and I copyright the new version of it. Weeks later I start getting calls, "Hey I heard your tune on MTV"... Me, "WHAT?!"

I won't bore you with the details tracking all the parties involved, but got a lawyer who took it all on contingency, musicologists said it was the same song. Of course Pub Co said they don't hear any similarity. But because it was technical lifted before it was copywritten, I could only sue for actual damages. Now after royalties, legal fees, expenses (I would have had to pay) and writer splits if we won, I would have walked away with years of grief and maybe $15k. Because my partner passed away before the LA Riots in the 90s (our demo had his vocal on it) and the lifted version was said to be written about the LA Riots dating it after, gave me a 50/50 shot. All of my partners evidence was inadmissible because he was gone before the alleged infringement.

So moral of my story is still copyright, but make sure you can trace where you're tune could have gotten into someones hands. Keep notes! With proper documentation and if this ever happens to you, you'll have the firepower to win your case. Personally these days it's really tough to get placements or airplay of any sorts than ever, so for me if anyone wants to cover my tunes, have at it, but know I'll come after if I don't see my share or rights appropriated correctly. Been covering myself ever since that ill fated point in time...

Good luck with your tunes!
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