Protecting original material

[JeffC]

Hi all,

So my band is starting to tire of playing only covers and have begun to write some original material. There has been some pretty silly writing sessions but out of that a few really solid pieces have emerged.

We have some potential dates to play out and about if we desire come springtime and hopefully through the summer. For now we just practice and have fun in the haven that is our jam space.

With going public I want to make sure that our intellectual property is protected. What is the best way to do this?

Thanks!
Jeff

[TL5]

The most common way is through the http://www.copyright.gov/

To protect the 'song' you will need to use form P.A. (Performing Arts). If it's the 'production/recording' that you want to protect then you use form S.R. (Sound Recording)

There are exceptions:
If the author(s) and copyright holder of the Performing Arts portion and the Sound Recording are the same, you can use form S.R. for both parts.
If the authors are the same for a group of songs, you can submit one form for the 'collection.'
If the author(s)vary, or the person who would responsible for the sound recording is different from the author, you'd need to submit separate forms.

Again, form PA for the 'song' UNLESS the copyright holder is the same on all the works, then form SR can cover all.
Copyright Office Circular explaining the difference of PA/SR and when to use them.


If you join BMI, ASCAP, or SESAC they offer assistance in the process.

[JeffC]

Thanks, that is exactly what I was looking for.

Thanks again!

[RiddimKing]

"With going public I want to make sure that our intellectual property is protected. What is the best way to do this?"

One thing to bear in mind is this: your intellectual property is protected THE MOMENT IT IS CREATED. Original work has copyright protection upon creation. Your session recordings, charts, lyric sheets, etc can be used as proof of this. Registering copyright gives you additional protection (you can sue for more than mere loss, e.g.) but it's really impractical to register your originals early in the game. I'd wait till you issue an album (DIY or through a label) to worry about it.

[TL5]

Originally Posted by RiddimKing

"With going public I want to make sure that our intellectual property is protected. What is the best way to do this?"

One thing to bear in mind is this: your intellectual property is protected THE MOMENT IT IS CREATED. Original work has copyright protection upon creation.

This is true.

Your session recordings, charts, lyric sheets, etc can be used as proof of this. Registering copyright gives you additional protection (you can sue for more than mere loss, e.g.) but it's really impractical to register your originals early in the game. I'd wait till you issue an album (DIY or through a label) to worry about it.

Partially true.
In the USA you can NOT make a claim/suit without prior registration of copyright ( see point two).
If you need to make a claim, and you've not registered prior, you could register then bring suit.
I'd venture a guess that by that time you're S.O.L.

[jeff schmidt]

just curious - what are you trying to "protect" your music from?

[JeffC]

One thing I should have mentioned is that I am in Canada, but the info has helped regardless. I found the Canadian copyright info.

just curious - what are you trying to "protect" your music from?

That's sort of a tricky question, I guess my reason for making the post was because I really know nothing about the whole "music as a business" thing and wanted to see a) if this is something that is done regularly b) something that is needed.

I guess that the direct answer is, I would be protecting the material from others ripping it off. Not that it is SOO good that I think others would, or that I have such little faith in people but I figure it a good idea to be covered.

Like I mentioned before, I'm just trying to learn the business of music. If anyone has any other tidbits of info that would be wonderful.

Thanks again.