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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 9:24 am
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strings10927 wrote:
The truth is any time you upload audio to the Internet and allow others to access the content without paying first, you are running the risk of illegal downloads. It just comes with the territory and it's no secret.


I never said it was "a secret." I just said I didn't appreciate him mentioning a piracy site on a post of my music. He has apologized and I'm over it. There are so many ways to capture audio (and video) streams, it isn't funny. I just don't think it was responsible to post the name of a piracy site (even a defunct one) on the pubic forum of a company that makes and sells equipment to professional musicians.

Now PLEASE DROP THIS! We don't need any further discussion on the subject.

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 11:46 am
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Aspiring Musician
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strings10927 wrote:
... if you do not have copyright on your own songs, they have no place on the Internet (IMO), except as a donation to whoever can make something out of it.


In the US anyway, you are granted copyrights when your work is "fixed" or published (even on youtube!). Registration makes enforcement easier, but is not completely necessary. From the US Copyright Office:

Copyright Protection Is Automatic
Under the present copyright law, which became effective January 1, 1978, a work
is automatically protected by copyright when it is created. A work is created
when it is “fixed” or embodied in a copy or phonorecord for the first time.
Neither registration in the Copyright Office nor publication is required for
copyright protection under the law.

[REF: http://copyright.gov/circs/circ50.pdf]

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 12:55 pm
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I appreciate the info mh2000. A lot of people read that part and think they're done. But....

In order to enforce the copyright, you'll need to be able to prove your ownership. In the US, that means you need to register your song with the U.S. government's copyright website. This will make it much easier to assert your rights if your copyright is infringed.

From BMI:

Registering your copyrights is not required but it is highly recommended since doing so will give you certain protection under copyright law in case you need to sue someone for using your song without your permission.

Registering songs with the Library of Congress puts your claim of authorship on the public record and may help if ever there is a dispute over credit or timing.

Of course, the Library of Congress does not provide legal defense in the face of stolen or infringed material, but can provide written or recorded documentation of your copyright should the need arise.

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 2:24 pm
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Absent your filing a Copyright registration asserting your creative authorship in the work, you do not have standing to bring a Copyright Infringement Action in Federal Copyright Court and you are deprived of seeking Statutory Damages for alleged infringements to your works prior to the Registration Date of a Copyright Filing. These are just some of the reasons to file a Registration with the Copyright Office! Many use Form SR to file both a Registration Claim in and to the underlying Musical Composition Copyright "(C)" and in and to the Sound Recording Copyright "(P)."

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 3:41 pm
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MusicLaw wrote:
Absent your filing a Copyright registration asserting your creative authorship in the work, you do not have standing to bring a Copyright Infringement Action in Federal Copyright Court and you are deprived of seeking Statutory Damages for alleged infringements to your works prior to the Registration Date of a Copyright Filing. These are just some of the reasons to file a Registration with the Copyright Office! Many use Form SR to file both a Registration Claim in and to the underlying Musical Composition Copyright "(C)" and in and to the Sound Recording Copyright "(P)."


That's true and thanks! Makes me think I need to revisit registering my CD... as someone above said, even if I suck, my songs are pretty good so if someone redid them *good*, I'd want to get something from their theft! Artists tend to suck at attending to stuff like this... and historically have gotten screwed more often than not!

Rock on! :)

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Thu Nov 12, 2015 7:31 pm
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mh2000 wrote:
MusicLaw wrote:
Absent your filing a Copyright registration asserting your creative authorship in the work, you do not have standing to bring a Copyright Infringement Action in Federal Copyright Court and you are deprived of seeking Statutory Damages for alleged infringements to your works prior to the Registration Date of a Copyright Filing. These are just some of the reasons to file a Registration with the Copyright Office! Many use Form SR to file both a Registration Claim in and to the underlying Musical Composition Copyright "(C)" and in and to the Sound Recording Copyright "(P)."


That's true and thanks! Makes me think I need to revisit registering my CD... as someone above said, even if I suck, my songs are pretty good so if someone redid them *good*, I'd want to get something from their theft! Artists tend to suck at attending to stuff like this... and historically have gotten screwed more often than not!

Rock on! :)
You should register your CD. You can register the CD as a Collective Work. When done correctly, this accomplishes registration of the individual works, jointly and severally.

Regardless of stature and level of success, Artists often do not adequately take care of their business affairs. I have seen this numerous times. Licensing deals and streams of publishing revenue are far easier to accomplish when matters are in order. Also the burden of Due Dilligence to discern ownership and administrative rights of a work falls on the allegedly infringing user. If your work is neither Copyright Registered nor affilliated with any Performance Rights Organization, you are also far more difficult to find and reach by any interested potential licensee.

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Post subject: Re: My new album - all guitars were recorded with a Mustang
Posted: Fri Nov 13, 2015 5:02 pm
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Joined: Tue Jul 17, 2012 5:43 pm
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Location: Here In Oregon
MusicLaw wrote:
mh2000 wrote:
MusicLaw wrote:
Absent your filing a Copyright registration asserting your creative authorship in the work, you do not have standing to bring a Copyright Infringement Action in Federal Copyright Court and you are deprived of seeking Statutory Damages for alleged infringements to your works prior to the Registration Date of a Copyright Filing. These are just some of the reasons to file a Registration with the Copyright Office! Many use Form SR to file both a Registration Claim in and to the underlying Musical Composition Copyright "(C)" and in and to the Sound Recording Copyright "(P)."


That's true and thanks! Makes me think I need to revisit registering my CD... as someone above said, even if I suck, my songs are pretty good so if someone redid them *good*, I'd want to get something from their theft! Artists tend to suck at attending to stuff like this... and historically have gotten screwed more often than not!

Rock on! :)
You should register your CD. You can register the CD as a Collective Work. When done correctly, this accomplishes registration of the individual works, jointly and severally.

Regardless of stature and level of success, Artists often do not adequately take care of their business affairs. I have seen this numerous times. Licensing deals and streams of publishing revenue are far easier to accomplish when matters are in order. Also the burden of Due Dilligence to discern ownership and administrative rights of a work falls on the allegedly infringing user. If your work is neither Copyright Registered nor affilliated with any Performance Rights Organization, you are also far more difficult to find and reach by any interested potential licensee.


MusicLaw, sounds like you might practice entertainment law. :-)

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