Copyright Vs Copywrong




Joined: 05/02/24
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Joined: 05/02/24
Posts: 0
10/28/2001 1:10 pm

Hi there,

I need advice from people who know about distributing mp3's as a way of promoting your songs.

I got about thirty sound clips which I would like to build a website around, to present my music to the world. The problem is that I don't have a band and my work is mostly 4-track driven without being copyrighted (I don't have that kind of money, and don't see the point right now). I never figured that I would become a star with these clips and I don't pretend someone could do so by stealing my tracks. But it's my work and if someone should get the credit it's me don't you think?

I wanted to ask you guys advise about my situation.

Have you ever published mp3's? If so, what is your say on this.

Thank you all
# 1
mc9mm
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Joined: 08/16/01
Posts: 532
mc9mm
Guitar Tricks Instructor
Joined: 08/16/01
Posts: 532
10/30/2001 2:49 pm
Ofcourse people can take your songs.
Its not likely (Not that I say that your songs are bad)
but ofcourse someone can steal them and make it famous.
And youre not gettin any credits for that I can tell you.
I would be a little careful, maybe you dont have to
distribute 30 clips, 2-4 is usually enough.
Make a really cool website, with dancing dwarfs and
blistering solos in the background or whatever.
The you put your clips in the bottom of the page, as an appetizer.
Then if they want more, ask them to contact you.
Now you can start the fame-hunting (And maybe make some money while youre at it).

Thats just my opinion.

Kick out the jams!
# 2
skee1
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skee1
High Bandwidth
Joined: 04/12/01
Posts: 443
10/30/2001 6:44 pm
The cheapest way to copyright is use the mail!
As soon as you make your clips ect.
1.Put them or your tabs sheet music on a cd plus your,
paper stuff ect in a envelope and go to a mail box and,
send all your stuff to your self that way you can ,
prove who made the recordings plus wrote the music,
by the post mark on the envelope.
Don't open the envelope untill its time to go to,
court but let the judge open it.

It will stand up in court!


Mark
P:S I've been thro this before and i won the case!
All my stuff from my WEB page is in a lock box in a,
Envelope.(UNOPENED)

[Edited by skee1 on 10-30-2001 at 01:47 PM]
yours truly Mark Toman
# 3


Joined: 05/02/24
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Joined: 05/02/24
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10/30/2001 9:37 pm
Never heard of that trick before but it's really good.

Thanks a lot.

I already started on the layout of the web page and the text for some lessons. This is going to help me.
# 4
educatedfilm
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educatedfilm
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Posts: 882
10/30/2001 11:20 pm
Yeah... sending it through the mail give you proof of date but it's not really copy right as such, but it's good enough... Make sure you keep them in a safe and dry place. I know someone who put loads of precious stuff in his bath, cos he tought if his flat got burgled they wouldn't look in the tub... Unfortunatly loads of crap came out of the plug hole and destroyed some of his work and think one acoustic guitar as well...
Did someone really rip off your stuff Skee1 ? That really pisses me off...
# 5
David Gilmour
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Joined: 10/30/01
Posts: 45
David Gilmour
Member
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Posts: 45
10/31/2001 3:21 pm
I'm pretty sure that no matter what, any creative work that you publish has an implied copyright attached to it. For example, if you do a column for a local newspaper, it isn't fair game for anyone to plagiarize it, just because there's no (C) at the end of it. As far as I know, North American (and perhaps even international) law protects any work as soon as it's published.

So, recording an MP3 and putting it on a website might qualify as publication of your work. That would mean that if anyone copies it, it's in violation of copyright laws. Whether or not you'd be able to prosecute if someone stole it is a different issue.
see you on the dark side of the moon
# 6
ekstasis16
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ekstasis16
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Posts: 267
10/31/2001 4:30 pm
http://www.loc.gov/copyright/circs/circ1.html#wccc

This is the law on the Library of Congress site.
"When you're a young, long-haired guitarist, no one takes you seriously." - John Petrucci

www.erikhagen.net
Web - Photo - Audio
# 7
David Gilmour
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Joined: 10/30/01
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David Gilmour
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Posts: 45
10/31/2001 6:14 pm
Thanks for the link, erik. I remember someone else sent me this link when we were having a debate over the legality of making CDs from MP3s (BTW, I am against it).

So, here are some highlights of the material from the link (bold and italics are mine):

WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

(1) literary works;
(2) musical works, including any accompanying words
(3) dramatic works, including any accompanying music
(4) pantomimes and choreographic works
(5) pictorial, graphic, and sculptural works
(6) motion pictures and other audiovisual works
(7) sound recordings
(8) architectural works


HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.


MANDATORY DEPOSIT FOR WORKS PUBLISHED IN THE UNITED STATES
Although a copyright registration is not required, the Copyright Act establishes a mandatory deposit requirement for works published in the United States. See the definition of "publication." In general, the owner of copyright or the owner of the exclusive right of publication in the work has a legal obligation to deposit in the Copyright Office, within 3 months of publication in the United States, two copies (or in the case of sound recordings, two phonorecords) for the use of the Library of Congress. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection.


INTERNATIONAL COPYRIGHT PROTECTION
There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For further information and a list of countries that maintain copyright relations with the United States, request Circular 38a, "International Copyright Relations of the United States."


So, basically, you don't need to register or anything, just by recording it on some sort of medium (in this case, the computer hard disk) you have created a work, which is unpublished, and is thus protected under US law. However, the preceding paragraph would make it seem that copyright infringement is possible internationally. Thus, given the international nature of the web, unless the plagiarist is a Yankee like yourself, you're probably helpless if someone from a country that does not offer protection to foreign works steals your songs. Actually, come to think of it, a lot of hit Asian songs are just reworkings of American music.

Also, notice that if you publish a work, that is, make a recording and then lend, rent or sell the CD or MP3, you are bound by law to send it to the Copyright Office within 3 months of publication. I doubt that most amateur musicians bother to do this, though.

Hope you were able to sift through this huge post.
see you on the dark side of the moon
# 8

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