• Register
  • Help
Page 1 of 2 12 LastLast
Results 1 to 10 of 15

Topic: Copy writing question

Share/Bookmark
  1. #1

    Copy writing question

    I\'ve become so used to hearing posts on this site and was wondering what you guys do to protect yourselves. Do most of you copywrite before posting anything? This would seem a bit prohibitive when we are often posting to get a quick critique from peers. Just curious if it is something to worry about. I remember this topic being briefly touched on a while back, but my search came up with no hits.

    Thanks

    christianb

  2. #2

    Re: Copy writing question

    Sharmy,

    I was wondering recently about this topic, and figured that the project timestamp on the computer would hold up in court.. though there might be ways to hack the timestamp I\'m sure.

    In the end, I think if you can show the original MIDI file, and the other person can\'t, that\'s proof enough that you\'re the original creator of the piece.

  3. #3
    Senior Member
    Join Date
    Nov 2002
    Location
    69 Lois Lane, Metropolis
    Posts
    394

    Re: Copy writing question

    Talk about wishful thinking. I could easily set my computer clock back to any date, save the file, and voila, there goes the timestamp theory. And no, the old mail yourself a dated copy doesn\'t hold up in court either. The only sure fire way is to go through the office of copyright.
    -Hudson

    Originally posted by MDesigner:
    Sharmy,

    I was wondering recently about this topic, and figured that the project timestamp on the computer would hold up in court.. though there might be ways to hack the timestamp I\'m sure.

    In the end, I think if you can show the original MIDI file, and the other person can\'t, that\'s proof enough that you\'re the original creator of the piece.
    <font size=\"2\" face=\"Verdana, Arial\">

  4. #4

    Re: Copy writing question

    Hudson, correct me if I\'m wrong but that costs $ for each and every scribble, right? Any idea how much? That could get expensive...

    Thanks for chiming in guys

    christianb

  5. #5

    Re: Copy writing question

    Hey chrsitian, Not to be a ruler banging schoolmarm or anything, but it\'s right...as in constitutional right. Not write, as in written word...or music.

    Seriously, the pieces posted here are more demo variety designed to show off a library. I wouldn\'t worry. It would be more of a concern to those links to personal websites with full material. But then again, those sites are marketing tools, and people put their works on there as advertising.

    It\'s no different than a photographer\'s portfolio on-line, or an ebook, or any other creative property.

    Is anybody selling their demos? I don\'t think so. If anything, they are marketing their craft.

  6. #6

    Re: Copy writing question

    Yes, please, tell us if you\'re just speculating or if it\'s fact. We don\'t want to misinform anyone.

    My dad read once in a business music book that you shouldn\'t copyright a bunch of pieces in a lump, because then that copyright is only valid if all those pieces are together. If one piece is stolen, you\'re not covered.. you have to copyright each one individually. That\'s speculation. [img]images/icons/smile.gif[/img] Who knows how accurate that book was, or what the context was.

  7. #7

    Re: Copy writing question

    Professor Runyon, I seldom LOL however...
    LOL ...
    Even more so because you mispelled my name [img]images/icons/grin.gif[/img]

    I think we\'re getting to the bottom hear( [img]images/icons/wink.gif[/img] )
    everyone has different info
    I\'ll keep checking back

    thank you all

    hcirsitanb
    oops!

  8. #8
    Senior Member
    Join Date
    Nov 2002
    Location
    69 Lois Lane, Metropolis
    Posts
    394

    Re: Copy writing question

    So, I\'m speculating that he\'s either a real estate or a divorce lawyer...am I close? The first thing to fly out the window when anyone brings up a copyright question is common sense. No entertainment attorney in his right mind would suggest that the date on a computer file establishes proof of ownership and that it would hold up in a court of law. Any sixth grader could change that by setting back the clock on the computer. Nor would the fact that someone posted something in here establish anything at all. Who\'s to say I didn\'t steal a song from my neighbor and post it in here? Even a midi file would be useless unless the copyright infringer used the actual production/arrangement you made. What if they took your music and redid it themselves? Your midi file proves nothing.

    From the US Copyright Office:
    \"Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.\"
    \"Copyright is secured automatically when the work is created, and a work is \"created\" when it is fixed in a copy or phonorecord for the first time.\"
    So you\'re prolly thinking, \"gosh Hudson...sounds like my work is copyrighted as long as it\'s in some sort of fixed form. So you\'re a big hairy dingleberry, dude.\" Well, yeah, I am, but that\'s besides the point...keep reading:
    \"In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

    Registration establishes a public record of the copyright claim.

    Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.

    If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

    If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney\'s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

    Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.\"

    End Quote

    Ah, so the plot is revealed. Yes, your work is technically protected once it\'s in fixed form. But you can\'t file a copyright suit unless it\'s registered. Period. Plus, you\'re required to include a copy of the actual track on cassette when you register it with the US Copyright Office so there\'s no confusion regarding the melody/arrangement if it ever does go to court.
    So, please tell your lawyer friend not to dabble in stuff he knows nothing about. In order to pursue a copyright claim, you have to have the work registered. And according to that primo facial (sorry, couldn\'t resist) and the 3 month publication/registration factor, the sooner you do it, the better.
    If anyone wishes to contest this info, please...knock yourself out.
    -Hudson


    Originally posted by Sharmy:
    Hudson,
    My info comes from an attorney. If you are one, or have your info from one, please let me know and I\'ll let the attorney who gave me this info know, and we can get to the root of this. Speculation does not cut it when it comes to legal issues so it would behove us to have this right. [/QB]
    <font size=\"2\" face=\"Verdana, Arial\">

  9. #9

    Re: Copy writing question

    Apart from the loss of \'statutory\' compensation, what\'s to stop you registering once you become aware of the infringement?

  10. #10

    Re: Copy writing question

    Hudson:

    I am the attorney that was referred to in correspondence on this topic. I\'ll disregard your personal statements that have nothing to do with the issue as it was framed. You answered the question quite well -- you just don\'t understand your own answer. The issue (as I understand it) is whether one needs to register with the copyright office in order to have copyright protection. The simple answer (according to the code you cited) is no. The copyright comes into existence upon creation. That has been so since 1976. Prerequisites to filing suit in Federal Court for enforcement purposes are separate from whether and when the copyright arose.

    Any number of acceptable methods can be used as evidence to document the date of origin of the copyright. The date of creation indicated on the claimant\'s computer is an excellent method. Like anything else, however, it is evidence that can be challenged, as a signature might be challenged as a forgery. Registration is added evidence; however, it is unnecessary to gain copyright protection and registration, itself, can be vulnerable to attack. Example: If I heard Sharmy\'s stuff, copied it and registered it before he did, my registration and claim of copyright still is subject to challenge.

    Expert attorneys often disagree on the best way to go about things or even the interpretation of laws. I\'ve dealt with many and taken numbers of courses in the entertainment field. None of these experts has ever treated me as you have -- and you never communicated with me directly before publishing insulting comments to this forum. I stand by my answer to the question as presented to me and, if you still disagree, simply register all your stuff -- it won\'t hurt.

Go Back to forum

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •