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Digit
Registered User
Joined: 01/24/02
Posts: 242
Digit
Registered User
Joined: 01/24/02
Posts: 242
11/29/2002 5:59 am
If you post your song on several different servers around the world, (like mp3.com, mp3.com/au, garagband.com...etc.....) it should be good enough proof if it ever went to court. All you have to do is supeona (sp?) the records of the company that's storing the song and you'd have the proof of the dates you uploaded them.
Your main problem though, whether you've copyrighted your songs or not, is how good a case you have and can you really afford to pursue it if it goes to court.
Even if you have a strong case, the winner is usually going to be the one who can afford the best legal team and puts on the best case.
If you go up against Sony, they'll have 10 lawyers working 24/7 and keep you tied up in court for years.
If you can't afford to keep pursuing your case, you're screwed. If it's a matter of a song sounding just 'similar' to yours and there's even a slight chance that you might lose, you aren't going to find a lawyer willing to keep working on the case on a contingency basis.

I suspect this is why you hear things like car commercials with very familiar sounding tunes in them, like Little Green Bag in one commercial I heard... it uses the exact same mix, timing, instruments and style but the notes have been changed. You can't prove it's your song because they can just pull out the sheet music and prove you wrong.

Either way, it's like the O.J. trial. If you take it to court, you take your chances and it's up to a jury to decide who put on the strongest case... and for most people, the thought of going up against a huge record company and possibly hurting their future career (ie, being known as a potential litagator and getting blacklisted) or mortgaging their house to fight them isn't worth the fight. And unless the song was a multi million dollar seller, it's doubtful that you'd win more money than your lawyer would cost.

Hopefully though, the shame of everybody knowing you ripped somebody off would be enough to stop most people from even trying. I couldn't live with myself if I stole somebody's idea and ended up with a hit song that wasn't really mine. The negative publicity itself could destroy your career.