THX TO MY BOI Joselito Doc J DelValle FOR THIS ONE..THIS IS VERY IMPORTANT AND ONE OF THE BEST PIECES OF INFO I HAVE!! DOC’S FOREWORD/OBJECTIVE: ASK DOC MUSIC BIZ Q&A EDITORIAL THE INS/OUTS OF COPYRIGHTING -PROTECT YA NECK- (rough draft) What’s happening fam? I’d like to welcome you all to the 1st installment of my ASK DOC, MUSIC BIZ Q&A EDITORIALS. This particular edition will solely cover EVERYTHING I can think of about copyrights, as well as answer many of the fan questions I’ve received from you last week. Now, I warn that since copyrighting in this country has many guidelines, specifics, and at times can be a little intricate – this WILL BE a lengthy read. Realize though, I’m condensing about 29-pages of guidelines into about 9-pages of editorial text. I’ve done my best though to section off each new topic and bold the headings, to also make this more user-friendly. In my 14 years of forms of work in music business, a trend I’ve noticed that I never see change is (that whether its shyness, laziness, pride, an over-reliance on managers or other staff, mixed-up priorities, or lack of awareness) musicians tend never to ask these questions, nor research the answers. This lack of direction can - limit any legal ownership & profit an artist can presently make, eliminate opportunities & lead artists into having bitterness towards the music industry, and ultimately stunt a whole musical career and turn it stagnant. Fortunately, we all get better with this stuff simply through experience. I gained my first copyright at age 15, and have been coordinating them since, so the hope of this editorial is to educate you all the correct legal way to deal with copyrights. Additionally, my goal is to give you all the necessary terminology and guidelines, but also explain them in laymen terms and try to make this “idiot proof”. If you have any additional questions, after reading this fully, feel free to contact me privately, and I’ll give you a little more direction. SECTION I: WHAT IS A COPYRIGHT A copyright is a form of protection grounded in the US Constitution and granted by court law for original works of authorship fixed onto a tangible medium of expression; whether it’s published or un- published. Some examples of tangible medium are - a piece of paper; sketch pad or easel; some form of phonorecord such as cassette tape, vinyl record, vhs, cd, dvd, etc; and/or a dated computer file. A copyright is a binding registration, through the Copyright Office within the US Library of Congress, protecting all original works. Any work that is protected by the US copyright can be registered, and this includes many works from authors of foreign origin. In terms of age, minors are allowed to claim and register a copyright, and the Copyright Office will issue an official registration to a minor. Some state laws may regulate the business dealings (such as contractual signing, tax ID, setting up a company or LLC, etc) though, involving the copyright owned by a minor, so you may have to check with individual state guidelines, which can be done at your local clerk of court. No one other than the author can legally claim copyright to the work, unless the author grants rights to others in a written contractual agreement. Typically, there are 3 types of copyright ownerships: 1) ‘Personal Works’ – These are works made entirely by yourself, with no outside help, writers, authors, references, or production. 2) ‘Two or More Joint-Authored Works’ – These are works when 2 or more people create something together, each of them as an author and co-owners of the work, given equal control over it. 3) ‘Works Made For Hire’ – These are commissioned works made by an employer to you, with the employer legally given final authorship.  One aspect to remember is, unlike Publishing from Performing Rights Organizations (P.R.O.s such as ASCAP, BMI, or SESAC) copyrights are completely fair and unbiased amongst named authors. This simply means that all listed parties on the registration form are EQUAL owners of the work and copyright. Equal ownership means that each individual party is given decisive power of what to do with the copyrighted work, and any or all of them, can say ‘No’ and reject an actual business decision. Now an insider’s rule of thumb for ‘author’ consideration by our government is the submission of any combination of: [more than 4 textual lines] and/or [more than 4 musical bars] and/or [a significant vocal performance on the final fixed song]. ***** To better explain this quickly, let me give you (2) very easy scenarios... 1) Let’s say Rapper A has a song he’s working on with music solely created by Producer B and its set to feature Rapper C and Rapper D both as guests. Next, during the recording process in the studio, Rapper A’s friend Rapper E offers to help co-write Rapper A’s verse, giving him 6 textual lines of lyrics to use. According to Copyright law, there legally are 5 actual authors of this musical work, and all 5 must be named on the copyright form, giving each of them 20% equal ownership of the song AND its rights. 2) More personally, in early 2012 I was commissioned to edit/rewrite a chorus, add record scratches, and do post-production sound effects to a prospective single from a young Texas rapper (who I’ll leave unnamed). I did all the above tasks effectively, based on the agreement between us that: a) I’ll be named as one of the copyright authors on the application, and b) that I’ll be given the opportunity to be featured on the official remix. Happy with the edit work I did, he followed through and made me a copyright owner. Months later after the copyright registration cleared and we started pushing the song, the artist reneged on the remix idea based on his belief that I “wasn’t hood enough”, “wouldn’t fit on the record”, and “would mess up his image”; as well as trying to belittle me saying that people were over-rating my “post-production work”. Angry at this, I cut contact with him, dropped promotion of the song, and laid back. By summertime 2012, both his publishing P.R.O. (ASCAP) and 2 respective commercial radio stations (one in Austin, one in Dallas) contacted ALL copyright owners, one of which being me – to gain expressed consent to research and get permission to play the single. As a copyright owner (and been scorned from before), I used my right to DENY them airplay. Now, below is a list of the categories that the US government considers as copyrightable works: -Literary Works -Musical Works -Pantomimes & Choreographic Works -Motion Pictures & other Audiovisual Works -Architectural Works & Official Plans -Lyrical & Editorial Text -Dramatic Works -Pictorial, Graphical, Sculptural, & Map-Based Works -Sound Recordings -Computer Software It must be remembered though, that not everything is protected by copyright law. The following list below, are categories of things not protected by the US Library of Congress: -Ideas, Procedures, Systems -Processes, or Scientific Methods -Educational Concepts & Principles -Standard Tables, Calendars, or Public Record Documents -Titles, Names, Companies, Slogans, or Short Phrases -Domain Names or Link Addresses -Any improvised Speech/ Performance that isn’t written down or fixed in some kind of tangible form -Works by the US Government SECTION II: WHY SHOULD YOU COPYRIGHT? Works such as a poem, painting, map, logo, song, musical score, movie, tv show, a play, chorography, an artist’s performance, and a computer program are ‘intellectual property’. As stated in the US Constitution, if it’s really your property, these are valuable commodities, and you have every right to protect and make profit from it. A common misconception is exactly when your property is protected. Realistically, a “non-binding” copyright already exists automatically when an original work is created and fixed onto some form of tangible medium. A “registered” copyright though is both an executor of allowed rights on the work, as well as court-appointed evidence that you are the true owner of the created work. Regarding the rights I just mentioned, as the author of an official registered copyright, you alone have the right to do any of the following with your intellectual property: -Make Copies of your Work -Distribute Copies of your Work Regionally -Sale Copies of your Work for Profit -Display your Work Publicly -Perform your Work Publicly -License out your Work for Others to Use for Profit -Enter into Successful Litigation on Copyrights (and financial) disputes -Make Future “Derivative Works” (including modifications, remixes, or adaptations) Likewise, without a registered Copyright, an owner cannot be eligible to enter into a court-based dispute over illegal use of copyrights. Constitutionally, if registration of a work occurs within 5 years of publication, it is legally considered “prima facie” evidence in a court of law, to prove you’re of the true owner. With both rights of copyright ownership and the allowable evidence, an official registered copyright are necessities to enter into a lawsuit if your copyright is ever infringed upon. A modern myth and trend today, but just legally isn’t true, is a “poor man’s copyright”. This is the practice of sealing up an official copy of your work, addressing it to yourself, leaving it unopened, and using the stamped dating system of the US postal service to “date” the ownership of your intellectual property. The concept of this is based on the notion that, that if left unopened and un-tampered with, this can at least establish proof of a recognizable date of possession before the third party claimed they possessed it. The problem within this is, regarding music for example, the government deems that there are a multitude of sources just between a recording process (studio) and an artist going home and packaging it to themselves, that could “publish” or “release” the work to other parties and the public without them knowing it. Historically, while it’s been attempted many times, no actual court-case in this country since 1976 has been won with the inclusion of a “poor man’s copyright”. Even if it could establish dated proof, it doesn’t give you the above-mentioned legal rights that an official copyright does either. For these reasons, both the US Copyright Office and the Library of Congress aren’t in support of “poor man’s copyrights”, and have not made ANY provisions or laws to include them as legitimate protection of works and/or as a legal substitute for registered copyrights. SECTION III: COPYRIGHT INFRINGEMENT & HOW IT’S HANDLED By government definition, copyright infringement is the illegal use (whether by theft or piracy) of a copyrighted work. Activities that all fall under infringement include: reproduction, distribution, reselling, performance, public display, or made into a derivative work without the expressed permission of the original  copyright owner. Typically, the US Library of Congress will first try to halt the alleged infringer without litigation or conflict, by sending a cease-and-desist order demand letter to them. If they fail adhere to the order and stop, and just continue to infringe upon the copyright, a lawsuit may have to be brought to civil court. If the author has an official registered copyright, and the infringer is found guilty, they’ll be investigated and will have to pay the copyright owner the amount of money the infringer made from using the work, or that the owner would have made if the infringement hadn’t happened. Elsewhere, the infringer may also have to pay the author statutory damages – which is an amount set by the judge that will usually be higher; and includes legal/court fees, any brand/public damage, and for long-time infringers possibly a time-length violation provision of up to $1,000 per day. Additionally, depending on the size and extent of the case, infringers may be found guilty on criminal charges too, and have to deal with criminal penalties such as fines and/or prison time. SECTION IV: THE ACTS THAT CHANGED COPYRIGHTING I’m going to try to give yall a quick history lesson. My intentions here is to show just how much copyright regulations have changed through time, and not to get too comfortable with guidelines because with the implementation of new acts and treaties, copyright law has and will evolve to meet the issues of modern times. Originally, this country’s institution of allowing citizens to copyright their work was initially used as a way for government to restrict the printing industry. It also came with the intent to focus on promoting the nation’s creation of new works; while giving owners the title of ‘author’, giving them control of their work, and eventually giving them the ability to profit from it. At the time, copyrights were territorial-based only, meaning that they didn’t extend beyond the boundaries of each specific state. Today however, this isn’t so, as each state are now governed by one organization and one such ruling agreement. Since 1870, the US Congress passed a law to centralize the public copyright system in the Library of Congress where it has been housed since. While back then, copyright rules were very simple, its national aspects have become standardized, changed multiple times, and been shaped through time by a series of governmental acts & agreements. Below are the 5 most historically important acts that played their part in forming the modern regulations of Copyright law as they are now: A. Copyright Clause of the Constitutional Convention of 1787 During the Convention’s formation of the original US Constitution, the intention from the outset of many of its proponents, chief among them James Madison & Alexander Hamilton, was to create a new government rather than to fix the existing one. Within its wording was the first documented clause ever, to authorize legislation over ownership and copyright – its quote stated: “To promote the Progress of Science, useful Arts, and Creativity, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. It was the first time the Government opened up the door to guaranteeing control of something created for a limited time in which we could profit from this work. B. US Copyright Act of 1909 This was landmark for copyrighting as it was the first stand-alone statute deeming the new laws of and process how to protect your work. Spear-headed by President Theodore Roosevelt, and actually written and introduced by House of Representative member Frank Currier, It went into effect on July 1st, 1909. At the current time it allowed works to have legal protection for a period of 28 years from date of publication, and gave the option for authors to renew their copyright once for a 2nd term of 28 years at a cost, and defined what a ‘public domain’ was.  C. Copyright Act of 1976 Since the adaptation of the previous Act of 1909, US Congress noted extensive technological advances in TV, motion pictures, Music, Radio, and Advertising, so at the 94th Congress on October 19th, 1976, they began drafting a new stronger Agreement for Copyrighting law. It’s final form was signed by President Gerald Ford and put into effect on January 1st, 1978 – which tremendously expanded on the 1909 Act; revising what was defined as “intellectual property”, adding in guidelines, detailed the basic rights of copyright owners, it increased the term of protection to [life of the author + 50 years], took away the renewal rules, and it brought about a new exception policy called ‘fair use’. D. Copyright Term Extension Act of 1998 This was a smaller, yet monumental Agreement introduced by Senate member Orrin Hatch and unanimously passed on October 7th, 1998, which ultimately was important in terms of lengthening copyright ownership and making licensed publishing of music more fair. This act (often referred to as the Sonny Bono Act) increased the legal term of protection to its current law of [life of the author+ 70 years], and it froze the enactment date for works covered by older copyright act rules. Elsewhere, with the establishment of large performing rights organizations [PROs] like ASCAP & BMI in the 1920’s-1930’s, the current guidelines and licensing practices of them were so strict, that it allowed them to freely tax/collect artist royalties for EVERY restaurants and bars that played ANY copywritten music. This Act additionally lessened the power of the PROs, by amending a Bill, placing requirements and more favorable exemptions that would exclude smaller/homestyle/less busy restaurants & bars from having to be taxed with licensed music performance fees. E. The Digital Millennium Copyright Act (DMCA) This Agreement was 2 years in the making and was finally passed and signed into law by President Clinton on October 28th, 1998. It was a game-changer for copyrights as it updated all copyright guidelines to include the means of internet technology, and it implemented the most strict criminalization in history of the use of technology, devices, and services to share and give access to copyrighted works usage. It also changed the definition of “infringement”, by criminalizing the simple act of sharing access to works, whether or not the actual copyright was infringed or not. Additionally, it heightened the penalties for copyright infringement on the internet, while also limiting the legal liability of online providers, services, and websites for copyright infringement of their respective users. While internet providers and websites were now in the clear, this Act gave the Government the right to subpoena them in the case of infringement trials, and also imposed on them legal requirements to promptly block access (ie Kill links) to alleged infringed materials, and collect user identities to later share notification of infringement claims with the US Government. SECTION V: TYPES OF COPYRIGHTS & FORMS Literary = [FORM TX] – for the registration of non-dramatic literary works, excluding periodicals or serial issues. This class includes a wide variety of works: fiction, nonfiction, poetry, textbooks, reference works, directories, catalogs, advertising copy, compilations of information, and computer programs. Visual Arts = [FORM VA] – for the registration of visual art works. This class includes a wide variety of: pictorial, graphic, or sculptural works; two-dimensional and three-dimensional works of fine, graphic, and applied art; photographs, prints and art reproductions, maps, globes, charts, technical drawings, diagrams, and models. Performing Arts = [FORM PA] – for the registration of performing arts works. This class includes works prepared for the purpose of being “performed” directly before an audience or indirectly “by means of any  device or process”. Works of the performing arts include: (1) separate components of musical works (either accompanying lyrics or music composition); (2) dramatic works, including any accompanying music; (3) pantomimes and choreographic works; and (4) motion pictures and other audiovisual works. A Form PA does not require the need for fixation of the work onto a phono-record. Sound Recordings = [FORM SR] – for the registration of sound recordings. This class includes a sound recording of a song itself, and it may also be used where the same copyright claimant is seeking simultaneous registration of the underlying musical, dramatic, or literary work all embodied in the phono-record. A sound recording registered on Form SR does require the fixation of a series of musical, spoken, or other sounds onto a phono-record. Single Serials = [FORM SE] – for the registration of individual issues of a serial. A serial is defined as a work issued or intended to be issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely. This class includes a variety of works, such as periodicals; newspapers; magazines; comics; graphic novels; annuals; and the journals, proceedings, and transactions of societies. SECTION VI: PROCESS OF OBTAINING A COPYRIGHT Because it’s the most practical (and affordable) method, I’m going to lay out my directions of how to file for a Copyright claim via the Copyright Office’s online website, eCO. One early misconception artists have is that a copyright MUST be filled out my either record label staff or a lawyer. Under US law there is no requirement for that, nor why would you want to – if they are going to charge you to do it. Registering a Copyright basic claim is actually pretty simple, and follows four easy principles. Step 1 is going to their online website and registering for a free account. To access the Library of Congress, Copyright Office website, visit the following link: copyright.gov/, and then click above the large blue “E” for eCO login. Once the page loads, follow the directions on the screen to register for a new account. Once logged in, navigate the side options menu, and open a new case. Step 2 is to decide on which Copyright form you will need, and then complete this application. To do so, the the eCO also has provided a series of screen prompts that will walk you through the application process. Step 3 is paying your application fee. The Library of Congress gives you a multitude of ways to pay the US Copyright Office, such as credit or debit card, check, or electronic funds transfer. Last, for Step 4 is depositing a copy of your work by either uploading a digital copy or printing out a shipping slip to be attached to your work for delivery by US postal mail. SECTION VII: GENERAL COPYRIGHT COSTS & GUIDELINES (Author Identity) – There is no legal requirement since the Act of 1976 that an author HAS to be identified by his or her real government name on a Copyright application form. An author is allowed to use a pseudonym or pen name, by checking the “Pseudonymous” box when giving information and using their legal fictitious name. It is highly advised not to use JUST your pen name though for a few reason. If you don’t own the name and/or have an adequate tax ID, you will be barring yourself from actually getting FULL public recognition, and possibly have some publishing issues later, if the work does start to earn profit. Elsewhere, if you file ONLY under a fictitious name, you waive the full length term of copyright protection, and accept a term of only 95 years from year of publication. Another area of concern I would warn against is that, it’s borderline illegal at the local level to use a non-registered fictitious title. To file for a “legal” fictitious name you must visit and talk with your local county Clerk of Court. The filing process slightly differs from county to county, but they are pretty easy and aren’t a long process; mine cost around $39 from the Palm Beach Clerk of Court. Even with it though, I still file under BOTH my real name and fictitious name, and I advise you to consider doing the same. Honestly, the only situation where even the Copyright Office suggests using solely a pseudonymous name is when you are doing work-for-hire for someone else, and aren’t taking full authorship of the property anyways.  (Costs) – Shown below are fees for various copyright registrations, and other services. Generally the best, most typical [and affordable] application fee you’ll run into for the registration of an original song’s basic authorship claim is = $35, if done online. >Online Registration of a Basic Claim in an Original Work of Authorship (e-filing)............................ $35 >Postal Registration of a Basic Claim in an Original Work of Authorship (paper filing)...................... $65 >Registration of an authorship claim of a group of contributions to periodicals (paper filing)......... $65 >Registration of an authorship claim of a group of published photographs (special form GR)......... $65 >Registration of a renewal/discrepancy claim without addendum (special form RE)........................ $115 >Supplementary registration to Amend a completed registration (special form CA)......................... $100 >Additional/Extra certificate of Copyright registration............................................................................$35 >Certified Court Pack of Copyright Office Records................................................................................... $165 >Location & Retrieval of Non-Electronic Records (per hours, minimum: 2-hrs).................................. $165 >Location & Retrieval of Electronic Records (per 15-mins, minimum: 30-mins)................................. $41.25 >Issuance of a Label Deposit Receipt.......................................................................................................... $30 (Length of Protection) – Generally under the current guidelines and Acts, the term of legal copyright protection for works created after January 1st, 1978, lasts for – the Life of the last surviving Author + an additional 70 Years. If you waive your tax ID rights, and only file a copyright under an ‘aka’ as a pseudonymous work, the copyright term endures only for 95 years from the year of publication. (Processing Times) - Please realize that waiting for copyright registration is definitely a waiting game, and the 2nd most likely reason why major label album releases get pushed back. The actual time the Copyright Office require to process your Copyright application varies, depending on the number of applications the Office is receiving and clear at the time of your submission, and the extent of questions/issues associated with your application. Currently, the estimated process times are: approximately 4-5 months (for online E-filing), or approximately 8-10 months (for paper filing through postal mail). A note to remember though is, for works that are determined to meet all legal requirements, to be without issue and copyrightable without incident, the “effective” protection date is the actual day the Copyright Office received your completed application and the final application fee payment has cleared. You just won’t have the physical registration certificate in hand for a few months. While this may slow down professional publication campaigns that require proof of registration (such as commercial radio, TV video, licensing, etc); you do not need to wait for the certificate to proceed with personal publication (on sources such as: internet, your website, Youtube, smaller satellite radios, etc). (Notice of Copyright) – Since the Copyright Term Extension Act of 1998, the use of an official copyright notice is no longer required by law, although it is often beneficial. The use of the notice may be most important because it informs the public that the work is indeed protected by copyright. In the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in litigation. Innocent infringement occurs when the infringer did not realize that the work was protected. The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. The current notice that you can visually use on protected copies of your Work should contain the following elements: >The Symbol © (the letter “C” in a circle), or the term “Copyright”; >The Year of first publication of the work; >The Name of the copyright owner. Examples: © 2013 Doc J © Hear My Voice Entertainment (Transfer of Copyrights) – Any or all of the copyright owner’s exclusive rights may be transferred at a future time, only if it is done in writing and signed by both owners of the rights exchanged, between the 2 parties. The Copyright Office neither coordinates this contract, nor do they have any forms for such transfer. The law does provide for the recordation of transfers in the Copyright Office though, so all they ask for is a photocopy of the signed transfer agreement contract, the filing of a special form CA, and a fee of $100. Generally though, industry coordinator of copyrights (myself included) view this as an extra costly fee that can be avoided, IF the copyright application is done correctly in the first place. Likewise, producers and artists can agree to equally wait to copyright together once the song is in its finished step, to correctly name and credited everyone at once. To further confuse things, many artists believe that the use of “studio split sheets” can give them a leverage of higher ownership percentage of a copyright and/or help in the copyright transfer process; and this is just false. A split sheet is a negotiated agreement of un-proportional percentages of publishing based on different respective amounts of work done on a record. Problem is, this only applies to publishing and with P.R.O.s, and NOT copyright ownership. Because of constitutional basis, professional fairness, and to keep things consistent, copyright ownership is shared completely equal across the board among the various amount of authors. Simply enough, If there are (2) authors each have the right to 50% ownership, if there are (4) authors each have the right to 25% ownership, if there are (6) authors each have the right to 16.66%, and so on. SECTION VIII: PRIVACY, DISCREPANCY FLAGS, & BACKGROUND CHECKS (Privacy) – As an artist you must realize that for your professional work to become officially yours and protected by Copyright law, its application becomes public record of the US government. The Copyright Office is then required by law to maintain every sheet of Copyright registrations and to make them completely available for legal and public inspection. Once registration is completed and a claim has been catalogued, it becomes part of the physical and digital public record Library. Individuals are then able to come to the Copyright Office (or website) and research your work and legality. You must understand that these registration records do contain your private contact information, and if someone wanted to research you, they can get full access to it. Likewise, companies like record labels can background check and request permission to record your information and use it later. Under Constitution law, an author cannot remove a record once it becomes part of the public record. (Discrepancy Flags) – Even not as a copywritten member of the Library of Congress, with a legit LOC ID, ANY American citizen can perform a record search for short-form versions of Copyright registrations at the following weblink: cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First. When you have an LOC ID and work or intern for an entertainment company such as myself, you have the ability opt to research the actual full Copyright app forms. For our work, the Copyright Office supplies a way of “displaying” noticeable inconsistencies and/or errors on a prospect, if he or she owns multiple Copyright registrations – that are called “Discrepancy Flags”. As the name suggests, these little flags note to me discrepancies in multiple forms that do not match up. This neither an indication of something illegal, a lie, or something an author can get in trouble for; but rather just an indication that I might need to research what they aren’t being inconsistent about. Often times, it’s just a mix up of information, a change of address or number, or errors made when more than one person is filing a Copyright app in a rush. Sometimes though, when I do prospect background checks, discrepancies is where I could find the most “lies” that an artist is trying to pass off.  ***** The most easy & a funny example that I have for this is from major label rapper Rick Ross; real name being William Leonard Roberts III. It’s become music industry myth by now that, he and his record label both keep trying to make him appear younger to maintain his popularity and success. Off top, I didn’t think much of the myth myself and put it off just as gossip, BUT... after a little curious research, I found a handful of Discrepancy flags even on all his Copyright registrations. Among the many reasons to be flagged, the most evident cause was the date-of-birth he (or they) put on his copyright applications keeps changing year-to- year. Copyrights from earlier in his career stated that “William Leonard Roberts III” was born in 1976. By the time of his 2nd album, the Copyright registrations stated he was born in 1977; and Copyrights from his 3rd and 4th albums then say he was born in 1978-1979. This is an offense obviously he can’t get in trouble for, nor is it serious, but it’s just something else I found funny/fishy. (Background Checks) – As stated above, and as many of you know, for my line of work, I’m often asked to prepare Prospect Background Check reports. One of the very first sources I use to research an artist is through Copyright ownership, via the Copyright Office. I put a lot of stress on the fact that labels want to see an artist legally OWN their own music. The common mural is that without “owning” actual music, you are doing this music for a hobby, and not for profit or a profession. Likewise, I can also find more of your personal contact information from the Copyright application form you’ve personally filled. With the information you tell me in one phone conversation and the private information I find on a Copyright form, I can do a pretty through background check, involving anything from business history, criminal records, tax info/credit score, etc. All I usually need at most - is a full real name, date-of-birth, email, and address. I’ll often also keep a tab on any discrepancies that may show up. I can then use these discrepancies/issues in my record, for them to ask you about in auditions and/or interviews. So remember this, when you speak to a label rep or intern on the phone, and try to stay as truthful as possible because we can and will background check you regardless, and will find out. SECTION IX: THE LOC/US COPYRIGHT OFFICE INFO & CONTACT Just for own your convenience, I’m going to supply the contacts for the Copyright Office that I have, and other operational information.... Telephone Numbers: [Toll-Free] 1-877-476-0778 [Public Information Office] (202)-707-3000 [General Questions] (202)-707-5959 [Technical Support] (202)-707-3002 [Registration/Forms Status Hotline] (202)-707-9100 Hours of Operation: Monday-Friday, 8:30am to 5:00pm Mailing Address: Library of Congress, Copyright Office 101 Independence Avenue, S.E. Washington, D.C., 20559-6000  SECTION X: YOUR QUESTIONS... RDG (Randy Galloway) – Rapper, from Daytona Beach, Florida Q: In order for you to REALLY make something out of a music career a Copyright is the 1st step correct? Do you feel that the majority of underground artists feel as if they don’t need Copyrights in order to make it? A: RDG, I wouldn’t say a Copyright is the 1st step. Learning to write lyrics & recording their music to a professional level would be first. But yes, getting a Copyright, is probably the next step right afterwards, because it is “OWNERSHIP” of the song you just made. Without a legal Copyright you don’t’ OWN any of your own music. As I stated in (Background Checks) in Section VIII, the common mural is that without “owning” actual music, you are doing this for a hobby, and not for profit or a profession. SHAH (Ahmad Shah Iqbal) – Producer, from Castro Valley, California Q: Doc, what’s the process of copyrighting a song? When should you copyright? Should you wait for your copyrights to get cleared before you release your song/album? A: Hey, I laid out my directions of registering a song copyright, using the online eCO system in Section VI, and you can also learn more information how to do so, on the Copyright Office’s FAQ webpage located at: copyright.gov/help/faq/. As for an album worth of material, you and I have had a handful of personal conversations where I’ve advised you my theory that each INDIVIDUAL song must be filed for a Copyright separately, as you won’t be aware which songs you will release and make a single beforehand. As for the WHEN, my method has always been to test market my music material to 7-10 DJs in different regions and have them rate it. Once I have these ratings back, I know which music is liked more, and which the DJs will actually support. With this info, here is when I personally make decisions and move ahead with Copyright applications. For your final questions, I’m on the fence with YES & NO. As I stated above in Section VII, the “effective” protection date is the actual day the Copyright Office received your completed application and the final application fee payment - So you’re allowed to promote/release it online because you’re already protected. BUT, even the Copyright Office warns to hold off on “Professional Publication” campaigns (such as commercial radio, videos, TV, licensing, etc) because you won’t have the completed registration in hand to PROVE you have a Copyright; and in the case that your Copyright was rejected (say for an unknown sampling issues you didn’t know about), the Professional release could have already set you up for an infringement lawsuit. Stichz – Rapper, from N. Miami, Florida Q: My question, if you were the writer and performer (created the melodies, etc) of a song, and helped with minor chords on the actual track (music), when copyrighting what should you check off in the Limitation of Claim section? A: My girl Stichz, please realize that Copyright authorship is much different than Publishing splits. On a copyright, it is equal authorship of a musical work across the board. As I stated in Section I, unlike Publishing from Performing Rights Organizations copyrights are completely fair and unbiased amongst named authors. This simply means that all listed parties on the registration form are EQUAL owners of the work and copyright. So, in your case, you would be doing a Form-SR (Sound Recording) and split authorship of the song, 50% you & 50% the producers. As for how to check off - you would check off: [Music], [Lyrics], & [Production], while the producer would check off: [Music] & [Production], on the application. I hope this helps.  LYTE – Rapper, from Brooklyn, NY Q: How would we go about copyrighting multiple songs at once? A: The Copyright Office does give a provision to copyright a ‘compilation’ of work on one form, BUT, I would highly advise against it. When you do so, you give up all your “rights” to push a song individually. In the case you do have a single, you won’t have an individual registration number to give stations when they ask for it, so you’ll be stopping any chance you have at getting radio airplay. Additionally, when you do a Copyright over a compilation of work, you do limited protection over the songs, but then, only in that TRACK ORDER. After some research, a smart DJ, could notice this, take all your songs, put them in a different tracklisting order, copyright it for himself and re-sell it as his product, and you won’t be able to bring a lawsuit against him. Tex-Escargot – Producer, from S. New Jersey Q: I will be honest, I produce music but my knowledge on copyrights is very limited. I have tons of instrumentals that I would like to copyright, but a good number of them have samples from other recordings. Is there any way that I can protect those compositions if I wanna put them out, either online or otherwise? A: Unfortunately, the way the music biz will look at you is, if you don’t have any Copyrights (or OWN your music), you aren’t a professional producer, and just a beatmaker for hobby. Please understand in the terms of product & sales, you do not own anything, so legally you don’t have the right to sell any of it either. As for the sampling issue, there isn’t a way around that. You won’t be able to file Copyright and get it cleared without expressed written consent from the original Copyright owner of the sample you used. To get written agreement, you’ll need to personally content the original authors, and work out a clearance deal. You may luck out, and I’ll go for it, but 98% of the time, they’ll want a clearance fee first before giving you written consent. Typically, the “low-end” price of sample clearance is between $8,000-$11,000 – and obviously if you sample much more distinct the cost can be a lot higher. THIS is the main reason I don’t use samples anymore, just because I don’t have the budget like that to be spending that on ONE song. You’re welcome to put them out for publication and buzz online, but no one else will be able to use them professionally as well. And then, obviously, without being able to get a Copyright, you can’t legally sell them to any artist either. TheINFAMOUS – Producer, from Chicago, Illinois Q: Let’s say I wanted to hand big signed artists like J. Cole or Jay-Z one of my beat CDs – Should it be Copywritten?? A: This situation is something argued about in detail at my of the music conferences I go to. It’s actually legal both ways by definition, but the practical legal answer a lawyer would give you is, YES, each beat on that disk, IF none of them contain samples, should all have their own copyright each. Where it becomes a gray area is, your own budget & the complexity of transferring the ownership of Copyright. Let’s say you have 30 beats on that disk – and by simple math, it’s 30 beats X $35 each, or $1,050 worth of Copyright application fees for that ONE beat disk! On the other hand, if one or more of those beats contain a sample you can’t wouldn’t want to Copyright either. Plus, a signed artist like J. Cole or Jay-Z has the type of budget, where they may want to foot the bill pay for sample clearance. The Copyright Office understand a newcomer doesn’t have the budget, so they always allow the opportunity for you to copyright the final song TOGETHER with the signed artists, and you both split the fees. This is more affordable so it’s what I do personally, and it’s easier in the long run, so you won’t have to pay the extra $100 later to transfer the ownership of the Copyright. So my best advice in situations like this is, to tag every beat on the beat-disk with a ‘vocal tag’ every 10-12 seconds so the signed artist you send it to, can’t steal the beat; and explain that if they’d like to use the instrumental, they need to contact you directly. Once they contact you, you explain your situation, send them the raw beat without the tag, and once they finish the song, you both Copyright it together legally – which will be good business, because it saves you both money & hassle in the long run. P.T. – Rapper from southern Mississippi Q: Doc, I know I’ve asked this question before, but is it necessary for me to Copyright my company name, IF I’m only selling maybe 1,000 or more records? Also, should I trademark or service-mark my rap name also? A: Whattup - Well, first off, as I stated in Section I, the Copyright Office legally cannot copyright & protect aspects like Titles, Names, or Companies. Therefore, you won’t be able to Copyright your company. In this country, you Copyright intellectual property (ie. Music) , and Trademark things like Names, Companies, Titles, etc. To look up more information on Trademark & Patents, head over this the government’s official weblink on it: uspto.gov/. Now, the amount of records sold has no bearing on IF/WHEN you should protect your company. If you are making ANY profit, you MUST own what you are selling, and you MUST be paying taxes on it. So, YES, when you get to the point where you OWN Copyrights on your own music, do have a legitimate buzz, are doing paid shows, and are ready to start selling record, you will have to trademark your company. It allows you to set up tax ID, do legal business, as well as protect you from someone stealing your company name. Meercy – Rapper from Tennessee Q: So Doc, when I get my ASCAP & BMI membership... Is it credit for what you wrote only or for your stage name as well? Just trying to get clear on the difference. A: Meercy, I think you are confusing Copyrights & Publishing. ASCAP, BMI, & SESAC are Performing Rights Organization (P.R.O.) that research & collect publishing royalties for airplay of your song, and you can only legally join one P.R.O., so you can’t join both ASCAP & BMI. Secondly, a P.R.O. isn’t to get author credit, Copyrights are. The progression is, you have to get Copyrights first, to be consider a “professional” artist at a P.R.O. As for naming title, when you fill out your Form-SR Copyright application, you can file the song under both your real government name & your ‘pseudonymous name’ (or stage name). In [Author Identity] of Section VII, I explain in detail what the benefits of filing under both names are. J-Gunna – Rapper from Antigua Q: Love what you’re doing for people Doc – My question is, what if I’m not a resident of the United States and live overseas, but wanted to get Copyrights for my music, so I can sell in America? What kind of troubles would I run into trying to do so?? I was once told that I have to file through other Caribbean islands, but I didn’t know if that was true. A: Great question – Constitutionally, there really isn’t such thing as “international protection” of a Copyright, hence, that is why every civilized nation has their own Copyrighting agenda: USA - L.O.C., Canada – C.I.P.O., China – N.C.A.C., etc. The good news is that thanks to the Berne Convention of 1989 & the Millennium Copyright Act of 1998, nearly all civilized countries coordinate and honor copyright laws of the United States, in the limited sense of theft. In laymen’s terms, this means if I live in the U.S. and copyright my music, if it is stolen & infringed upon in England, they will report the theft to the Library of Congress, and then I can decide if I want to continue with a lawsuit. So, in that regard, there really is no “trouble” you would run into from country to country. If you’d like to eventually sell your music in another country though, you’ll need to file a respective Copyright application in that particular country for protection. After a little research, some bad news for you that I found is your island of Antigua actually refused to join both the Berne Convention of 1989 & the Digital Millennium Copyright Act of 1998, so you guys don’t honor  any copyright/trademark law...hence, this is why you have to apply through other Caribbean islands that are. A funny fact that I didn’t know until now is, that the World Trade Organization (WTO) doesn’t even recognize Antiqua’s intellectual properties in other countries & visa-versa, and therefore have court-appointed your island the right to ‘waive copyright laws from other countries’. Definitely sucks if you are a musician trying to copyright your music, but it sounds like a great place to bootleg everything legally at, LOL.
Posted on: Mon, 08 Jul 2013 04:42:42 +0000
Trending Topics
Recently Viewed Topics
© 2015