Copyright Law. Copyright Your Own Music

Copyright protection for your music is extremely important. If you did not own the copyright to your music, anyone could use it in whatever manner they wanted. In other words, it could be copied without permission, performed at venues, or used for projects you may not endorse. As such, other people could be earning off the work you created while you receive zero credit.


Fortunately, there is the Berne Convention for the Protection of Literary and Artistic Works. This convention sets out minimum standards of copyright protection that its signatory countries follow. There are over 150 countries that belong to the Berne Convention - so if you are reading this, your country probably belongs to the convention and follows the minimum standards.


- How to Copyright Music

According to the Berne Convention, copyright is automatic. What this means is, as soon as you put your music in a fixed form, you automatically own the copyright. So "how do you copyright music?" you put it in a fixed form. Here are some examples to further explain the concept of automatic copyright:


Lyrics: when you write your lyrics on a napkin - you automatically own the copyright to those lyrics. Other people are not allowed to use your lyrics without your permission.


Musical Composition: when you write the musical notation on staff paper (for example), you own the copyright to the composition. Others are not allowed to use this musical composition for their own work without your permission.


Sound Recordings: when you record your song on a CD, you own the copyrights to the recorded performance (this may be the song and/or lyrics). This means others cannot copy the specific recording of the song (this is why it's illegal to "burn" CDs you buy in the stores - because the artist or label owns the sound recording). As a reminder, you need permission to record someone's song if you are using their lyrics or musical composition.


- Copyright Registration - Not Poor Man's Copyright

Owning the copyrights to your music is one thing, but actually being able to prove you are the owner of the work is another. Many people like to use the method of "Poor Man's Copyright", which is mailing yourself a copy of your work through registered mail. This method has been deemed completely useless when it comes to proving ownership because the registered envelop can be tampered with in a number of ways.

As such, the most proven method to protect the copyright of your music is to register your work with a reputable 3rd party. To find registries, you can simply type "protect copyright" into google, yahoo, or msn and a number of them will come up. Do your research and pick a registry that best suits your needs (look at membership fees, renewal fees, and the duration of protection as a starting point).


As a reminder, you do not need to register your work to be protected under copyright law, however, it is an excelled form of protection (and worth the investment) should someone infringe on your work.

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Disclaimer:
The above information is meant as a general guide to further your copyright knowledge and does not constitute legal advice. For questions about your specific work, you should consult a copyright lawyer in your country.

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Copyrighting Your Band Logo

There is a lot of time, effort and usually money that goes into creating a logo that accurately represents your band. As such, it's important to take the proper steps to protect your art so you have some recourse if infringement occurs.

For the most part, band logos can be considered an original and creative form of art - assuming the logo is more than just the name of the band without an artistic element. As such, they can be protected under Copyright Law as a Visual/Artistic work.

Just to ensure this is clear, the artwork for the logo can be protected under copyright law, but not the name of the band itself. This is because copyright law does not protect names, slogans, or catch-phrases. If you were looking to protect against other bands using your actual name vs. the artwork, this would fall under Trade-Mark Law.

In order to protect your band logo under copyright law, all you have to do is put your logo in a tangible form (on paper, on CD, on a hard drive, on the back of a candy wrapper, etc.). Once it's in this fixed form, the creator owns the exclusive rights to produce or reproduce the art. Although the designer/artist automatically own the copyright to the logo artwork the moment it is put in a fixed form, it's best to have taken further steps to prove to the courts that the work was originally yours should someone (perhaps another band) steal your logo or a big portion of it.

In general, the best option for added protection is to firstly seek the advice of an entertainment lawyer who should know the inner workings of the system and the best option for your band, direct you to a reputable copyright registry. For ultimate protection, one should register their logo as soon as it has been completed, before showing others. Your manager should have no qualms for hitting the credit card for this.

There are a number of options for copyright registries. You could register through the Government, through associations, or through online registries. When doing your research, ensure you know all the costs involved, whether there are membership or renewal fees, and whether they provide you with a time-stamped registration certificate. Higher costs don't necessarily mean 'tighter' copyright.

Some say (usually entertainment lawyers) that the "Poor Man's Copyright Method" (i.e. sending yourself your work through mail) is unlikely to hold in a court of law should someone infringe on your logo design. I beg to differ. I've been through the court system twice using this method and was successful on both occasions.

Regardless of which method you choose to protect your band's logo, remember to register it before you show it to third parties. Please bare in mind that the above-mentioned laws vary from country to country and state to state. 

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I Am The Innocent Bystander

As unfortunate as it is, unless you're strumming away in your bedroom or to some friends at a barbeque music is,as mentioned in another blog entry, a business.