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I have noticed that there are a lot of people posting their song's as they get them done. Oh boy, I hope that no one takes offense at this, but when you write a new song are you actually taking out a copyright on your song's? The reason that I ask this is because a song is a creation that we all know, I am not personal friends with this person that I know of, but on some posting boards he will brag that he checks sites like this to get knew ideas form, not only that, he checks the "copyright website" to see if there is actually a copyright on the songs that either have been posted, or! I.E. The name of the song or does a Google search to find out who the posters real identity is. The re-checks under your real name to see if you have a copyright on your work. To me, this is a word to the wise, so everything that I have been writing has been copyrighted; That way I am just taking precaution. So if you write your original songs, pleas,pleas,pleas,pleas, make sure that they have a copyright on them. I hope that I have not made anyone mad by bringing this up, but as a songwriter we need to be very cautious.


Music is an expression that is a universal language, Never criticize anybody to harshly. They need time to grow but when they do, they do. Always be kind in what you say and do because the man upstairs is watching.
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Bob,

Here's a little video on copyright. It might help clear up some mysteries.

video about copyright (on Youtube)

The minute anyone creates a song in some tangible form, there are six copyrights that automatically exist. These are guaranteed by Government legislation. It's not necessary to register copyrights. The registration process with the Copyright Office is simply an additional safeguard.

It seems to me that the person you know is not aware of these facts and that he or she may well be breaking the law.

Regards,
Noel


MY SONGS...
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Quote:

...but on some posting boards he will brag that he checks sites like this to get knew ideas form, not only that, he checks the "copyright website" to see if there is actually a copyright on the songs that either have been posted,...




I would wager that the person mentioned above, who scouts for ideas and checks for copyright registration, couldn't write a good, original song if their life depended on it. Anyway, ideas and titles CAN NOT be copyrighted.

Is registering of a copyright a good thing to do? Probably -- but only do "collections" so you save money. Of course, registration is required before you can bring a copyright infringement lawsuit.

Now let's say this internet troll does copy your song. You might send him a note saying "Hey, cut it out!" But will you get a lawyer to write a cease and desist order for $250 - $500? Or pay a lawyer $20,000 to sue him? Maybe if the person is making tons of money on the song

In the end, there really isn't much protection any more. We live in a "golden age" where songs are commodities to be downloaded, used and sampled with no regard for the original copyright holder. Heck, how about Google Images? Those photos are all copyrighted -- how many of us have used them without getting prior permission?

I am putting together 2 CD's in the next couple of months. I will probably send those off to get registered as collections. But I don't believe it will offer much protection against anything.

Kevin


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Hi Kevin, you are right on a lot of points, and I do agree with you about people living in the golden age. But! A friend of mine, who has many copyrighted works, has sued people for copyright infringement. He did find out who was doing this and hired a copyright attorney. First of all when you talk about a person having to get a lawyer and it cost $20,000.00 that is just a small amount, but you have to find a lawyer to cover it on a contingency basis. Now, any good lawyer that is a decent one will take that, because what contingency means for the people, who don't know this, is where the lawyer takes the case if you have reasonable proof beyond a shadow of a doubt that someone has infringed upon you they get paid when you get paid. That means that if you win and will win with proof, the lawyer gets paid when you get paid. The penalties for infringing upon someone’s copyright is $250,000.00 and $20,000.00 to pay for an attorney is not that much to pay an attorney if you win; And that is not even an “IF”! Because you own the copyright certificate and you can produce that in court. That is why the copyright is so very important, because you have sad that I did such and such a work at such and such a time and that will stand up in a federal state and any other kind of court that they have out there. Not only do they have to pay you $250,000.00 they have to pay you any monies that you have made off of the work, and they have to turn any existing copies of that work over to the authorities to be destroyed. And if they fail to do that, they will get a 10 - 20 year prison sentence. There is no black and white, if you really want to be protected make sure that you have a copyright it is worth it. And if people really want to they can push it if they have an infringement and the wits, they can push it. You are right that people can download things off of the internet and use it any way that they want to, and everyone is not going to get caught, but the people that do, they will think twice before they ever do that again.


Music is an expression that is a universal language, Never criticize anybody to harshly. They need time to grow but when they do, they do. Always be kind in what you say and do because the man upstairs is watching.
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Nothing of mine is ever posted anywhere until that copyright document is in my desk dawer. No reason to take a chance.


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I agree with Eddie. I get copyrights before I post. Sometimes I wonder if it's just ego, but I sure feel better having them. I also agree with Kevin to send them in as collections. This appeals to my thrifty ie. cheap, side.
SD

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It's worth noting, perhaps, that nothing in legal matters is 100% guaranteed and that if you should lose, you could still end up paying the other party's costs.

ROG.

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Same here, Spacedog, I also get my copyrights in place and I do the same, I copyright in collections that way I don't have to worry. By this post I was just trying to tell people how important it is for that little document. That is an ultimate protection, because of the penalties that are implied with this protection. It somewhat keeps people on the straight an narrow.


Music is an expression that is a universal language, Never criticize anybody to harshly. They need time to grow but when they do, they do. Always be kind in what you say and do because the man upstairs is watching.
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Ha, ha -- good luck finding a lawyer to take a copyright infringement case on contingency unless it is against Justin Bieber, Lady Gaga or something like that. Did you know that you have to prove infringement AND that the other parties had access to your material? Yes, two people can independently come up with very similar lyrics and melody (there are only 12 notes) and both would be protected.

Let's say I infringed on your copyright and you got judgement of $250,000 + lawyer fees. Once you got judgement, you would then have to file for collection since I wouldn't be able to pay that. If it did happen, I could always declare bankruptcy.

Quote:

...But! A friend of mine, who has many copyrighted works, has sued people for copyright infringement. He did find out who was doing this and hired a copyright attorney. ...


I wonder if that all ended up being a waste of time or not.

Did you know that the vast majority of pro Nashville written songs are NOT registered until they get close to being cut and then the publisher takes care of most of that stuff? ... at least that is what I have heard.

Do what you want, but no one is really going to steal your songs (although I did see it happen once on an internet forum).

Kevin


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If the copyright holder's attorney can claim the infringement was a felonious act then it cannot be discharged in bankruptcy. Felonies are not discharge-able nor do they enjoy statute of limitations privileges. At least that's my understanding. I am not a lawyer but I have engaged a patent attorney who told me that infringements of under $250,000.00 aren't worth anyone's effort.

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