Question:
Hello everyone, I have a new band and we've got a full album worth of songs, but as we are not professionals we don't know exactly how we should go about copyrighting them.
I know to go to the Library of Congress and have read through the materials there, BUT my problem is this:
All four band members have taken part in the writing of these songs (for the most part) how do I go about making sure that the rights are shared equally between us? The forms provided by the LoC only allow for one writer and one co-writer.
What about if you check out a professional band's CD, when you see something like:
"All songs copyright (insert name here- which is different from band name) music, 2005" etc.?
Does a band need to set up a small "authorship company" that each of the members of the band are an equal owner of to secure equal ownership of the music rights?
It's not just as simple as following the instructions at the LoC and paying the $30 as I have been told in the past! Can anyone help?
Thanks in advance!
Answer:
Originally Posted by TimeRunningOut Hello everyone, I have a new band and we've got a full album worth of songs, but as we are not professionals we don't know exactly how we should go about copyrighting them.
Good news! As soon as you record them or write them down ("fixed in any tangible medium of expression," the law says), they're copyrighted in the eyes of the law. You can put copyright notices on them, you can ask for royalties, you can do just about everything except sue for copyright infringement. If you want to do that, you have to register your copyright with the LoC.
I know to go to the Library of Congress and have read through the materials there, BUT my problem is this:
Have you been to www.copyright.gov yet? It's seriously the most informative site ever. They have practically everything spelled out for you somewhere on that site. All the forms you need are there, with step-by-step, line-by-line instructions provided.
All four band members have taken part in the writing of these songs (for the most part) how do I go about making sure that the rights are shared equally between us? The forms provided by the LoC only allow for one writer and one co-writer.
I'm not sure which form you're talking about. The standard Form SR (which is the appropriate form for registering a copyright on a recording of a song in addition to the underlying song itself; Form PA is for just the underlying song) has three spaces for authors, and you can use a Continuation Sheet if you need to list more. Basically, you just put each person's name on the form, then specify what type of material they contributed to the song (i.e. "sound recording," "music," "words and music," "words," "arrangement of music," etc). The Copyright Office will assume equal ownership of the copyright amongst the various claimants, but you can specify a different split-up simply by writing each author's share of the copyright next to their name (i.e. "50%", "30%," "20%," etc).
What about if you check out a professional band's CD, when you see something like:
"All songs copyright (insert name here- which is different from band name) music, 2005" etc.?
Does a band need to set up a small "authorship company" that each of the members of the band are an equal owner of to secure equal ownership of the music rights?
No, this is not necessary. The name you see on "professional" artists' CDs is the name of their publisher or record label (or both, in some instances). The publisher / label purchases (or licenses for use, but much less often) the artists' copyrights in exchange for their services as a distributor, song-plugger, advertiser, printing-press, manufacturer, etc, etc. If you can self-publish, that is best, as you retain full ownership of your copyright. Ownership of copyright is the main way that you make money in the music industry, and you want to maintain it if at all possible.
It's not just as simple as following the instructions at the LoC and paying the $30 as I have been told in the past! Can anyone help?
I think you've just got the wrong forms / website. Go to www.copyright.gov and look around.
In His love,
Nate