Copyright Issues

Legal Disclaimer

While entertainment law is not rocket science – it can quickly get complex.  Hopefully this article will help you stay out of trouble by providing enough information to allow you to ask the right questions.  To cover all these topics in this article I’ve played fast and loose with some complex legal issues so do not rely on this article for legal advice.  Check out the books I’ve listed and talk to more experienced musicians.  And if you’ve got questions regarding these issues, contact an attorney familiar with entertainment law, your state law, and your particular situation.

Copyright Registration

I’ve already explained how easy it is to get a copyright for a song.  Think it up, write it down – you’ve got the copyright.  Now for a mere $20, you can register that copyright with the U.S. Copyright Office.

·         What does “registration” mean?  Copyright registration is a formal, but usually very simple, process of making a public record of your copyright.  This public record along with the copyright symbol, in theory, puts people on notice that the work is protected.

·         Why register?  Registration is required before an action can be brought against an infringer.  Additionally, timely registration (“timely” is defined in the Copyright Act and is different for published and unpublished works) allows you to collect statutory damages, up to $100,000,  and allows you to recoup your attorney fees.  

·         When to register.  I recommend that all my clients register their copyrights before going into the studio.  I even like to see them register a song before they begin performing it live.  If the song is important enough to work up, perform live, or record, it deserves registration.

·         How to register.  The U.S. Copyright Office has good, basic information available either at its web site, http://lcweb.loc.gov/copyright/ or contact them at Library of Congress, Copyright Office, 101 Independence Ave, SE, Washington, DC  20559-6000.  Specifically, Circular 1, Copyright Basics, is very informative.

You’ll typically use two forms to register your copyrights.  Form PA and Form SR.

·         Form PA (Performing Arts) is the form used to register the copyright to the underlying composition itself.  That is, the music and words.  The form is self-explanatory and, if you’ve written all the material being registered, not too complex.  If the work being registered was co-written, or if it’s a derivative work (as defined in the copyright law), you may want to have an entertainment attorney help with the form.

·         Form SR (Sound Recording) is used to register the copyright to actual recording of the composition.  This form would be completed and filed after the CD was recorded.  Additionally, if you ever decide to rerecord a song on another CD, you should file another form SR for the second recording.  The underlying composition is still the same, and is still registered.

It is possible to register both the underlying composition and the sound recording on Form SR.  However, as I mentioned above, I do not recommend that you wait until the CD is finished before registering the copyrights.

Another option, used quite often, is to register the copyrights to an unpublished collection of songs under one registration number.  For example, before you go into the studio make a tape of all your songs, fill out form PA, call it Your Name Vol. I, send it in with $20 and the copyrights to all the songs are registered under one number.  After the CD is recorded, but before distribution, you could also complete one Form SR to register all the recordings under one number. 

Should it ever become necessary to pull out a particular song and give it its own number, for a copyright transfer for example, this can be done on Form CA (Correction and Amplification) for another $20.