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| Copyrights For Beat Makers | 5743 Views |
By nfx on Wednesday, January 16, 2008 @ 5:20 PM :: 5743 Views :: 11 Comments :: :: Other | | Disclaimer: I am not a lawyer and any information presented below is strictly my opinion based on my understanding of what I have read in the subject. Do not use this information in place of a real lawyer for any legal advice. The information presented below mostly applies to U.S. copyrights.
Copyrights
Copyrights are "rights" that one would own for any ORIGINAL works in material form that they have created. In laymans terms this means that any original thing you create in a fixed form - meaning in a way that can be viewed or shared with others (not ideas in your head or general information) - belongs to the person that created it or paid for it to be created. Copyright may also be transferred from the original party to someone else.
It is also important to note that if your work is done as a "work for hire" meaning you created it after someone hired you. Then the employer may be the copyright holder. This can vary from state to state and also have different outcomes depending on the contract you have with your employer.
It is possible that more than one person could hold a copyright to works that are very similar. If it can be proven that each work was created without the influence of the other, there is no problem with both people having legal claim to their respective copyrights.
In terms of music production, that means you can copyright an MP3 or CD recording of your song, but you cannot copyright the idea of the song itself. If you describe a beat you're thinking about to a crowd of producers and one of them takes the idea to make a beat similar to what you were thinking about, he holds the copyright to the beat he created and you just gave him a great idea! This is why many beat makers will guard their sample sources and not be very generous when it comes to sharing their techniques or content.
Benefits of Copyright
The copyright owner controls the way the work is used and may leverage that control to charge a fee for it's use. This is the main reason for it's importance. if no money was to be made, copyrights would be practically meaningless.
Fair Use
There is a doctrine in U.S. copyright law that allows for "fair use" of copyrighted material without the copyright owners consent. For example a news program might play an excerpt of a song or someone might make a parody. The law can be tricky here and it probably boils down to how good the lawyers are on either side of the argument. (see: http://en.wikipedia.org/wiki/Fair_Use)
How to get a Copyright
Technically in the U.S. you automatically have a copyright as soon as you make your work. So once you render that MP3 of your latest beat, it is copywritten (assuming of course that it is 100% original). You don't need to do any more BUT you may want to protect yourself by registering a copyright with the U.S. Copyright office. The last I read about this, registering a single work (or collection as a single work) cost about $45.
You need to send in an SR form (www.copyright.gov/forms/formsr.pdf) and send in the form along with a copy of the music to the US Copyright office:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-600
What you are really doing though, is establishing a date that your work existed. In other words, you are able to prove that on such and such date, your work was created. This is important because in many copyright cases, the true owner is determined by who created it first.
Poor Mans Copyright
Because the cost for registering can be considered high for the struggling musician/artist, a "poor-mans copyright" was invented by some creative thinker out there. The "poor-mans" copyright is where you put your work into an envelope/package and mail it to yourself via certified mail. By doing this, the package receives a time stamp from the Post Office that establishes a date. You would sign for the package and keep it unopened in a safe place until the time that you may need it in court. I'm not hip to the Postal rates but I think this probably costs less than $5 per package. It should be noted that this method is not recognized by the U.S. courts however. It is recognized in the U.K. however.
Other ways of establishing a date might be to publish your songs to places that keep track of dates. For example say you uploaded a beat to a beat battle two years ago and someone recently claims to have created your beat themselves. Well you have "proof" that the beat was made and posted by you years ago. How well this might stand in a court of law is sketchy however and I wouldn't recommend it as a general practice.
Conclusion
A proper registration via the U.S. copyright office does have a couple of other benefits. primarily, it allows the copyright holder to seek statuatory damages and attorney's fees when done before any infringment occurs. If you were to register your work after someone has stolen it, you could only seek actual damages and lost profits which you can prove.
This article may not be reprinted or reproduced without express written consent by the author or Warbeats.com.
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| Comments | By
JZM @
Wednesday, January 16, 2008 7:22 PM
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Very nice article nfx. Very informative , although there is really nothing that I didn't already know it's still informative and a great article.Nice job
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By
mr_whitepholk @
Wednesday, January 16, 2008 11:03 PM
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thank you again nfx, the very thing i was coming here today to research was copyrights, i heard of the poor mans way, but that seemed to easy, especially to be held up in court as legit..... thanks
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By
Da Moose @
Sunday, January 20, 2008 11:41 AM
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nice article, a lot of info but not loads to read... thanks for this
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By
djcrazyarmz @
Sunday, January 27, 2008 2:18 AM
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I have yet to register a copyright for any of my beats at this point, and every time I either upload a beat, or give a disk to the local rappers I work with, I always fear that someone is going to take advantage of it. Just recently there was a debate concerning the "real producer" of Chamillionaire's "You Must Be Crazy," and I would not like that to happen to me.
As far as registering copyrights with the information given: You say that you can register a collection of pieces. Does that imply that i can put like 1:30 minute snippets of each beat to preserve time or even burn the beats as a data disk?
The information about the "Poor Man's Copyright" is true. My friend used to use that method to protect his beats, so I did some research into the subject. I found out that the U.S. courts would NOT recognize this form of copyright in court. The point being that you can mail yourself an empty, unsealed envelope right now and just throw the CD inside and seal it in the future when you need to.
Thanks for the info, NFX. Nice article!
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By
Distracktion @
Saturday, February 02, 2008 8:21 PM
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Actually, the "Poor Man's Copyright" isn't that useful in the UK. I defineately wouldn't bet on it. As for North America, its useless, and you're better off saving your $5 for postage. There's nothing to say you can't mail yourself an open envelope, making this method extremely easy to fake, and therefore, useless.
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By
mr_whitepholk @
Sunday, February 17, 2008 5:15 AM
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yeah i just went back to the copyright site again amnd was trying to figure out about the "collection" of items.... didnt seem to clear anything up tho,.... anybody know abou this... i have a guy now that wants to buy like 10 songs, and if i can "collectively" copyright all of them at the same time that would save me alot of money...........?????????
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By
Distracktion @
Sunday, February 17, 2008 12:09 PM
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How can they differentiate between 1 song, and 10 consecutive songs? Just put them all in one recording, and register that way. They may sound like different songs, but they aren't right? They're all part of the same song, with small breaks of silence now and then, with a name for each section of sound between each break of silence.
What I'm trying to say is, I don't think there's a legal way for anyone to say "this is one song". Who's to say that an whole album can't be considered one piece in its entirety?
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By
xxxxxstitchesxxxxx @
Thursday, February 21, 2008 6:24 PM
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I have a question about this issue. I use several downloaded freeware vst plugins in my tunes. Does this mean that I have to pay the owner or creator of the plugin to use it? I dont do any comercial work but in the future, I may.
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By
Distracktion @
Thursday, February 21, 2008 8:03 PM
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"Freeware" refers to a software liscence which is completely free. You are free to use it for its intended purpose. So the answer is yes. You can use freeware, and sell the music you create with it. But I'll assume that what you really meant is that you are using pirated (stolen, cracked) software like the rest of us criminals :P Firstly, they would have to prove that you used their particular software to make the music... which is impossible. You can make any vst synth sound like 100 other vst synths, and you can't tell what sequencer is being used. Secondly, they would have to prove that you didn't pay... Which is again, impossible, because they can't force you to produce your software liscence or proof of payment. So, basically, you are safe.
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By
ascent @
Wednesday, May 07, 2008 5:50 PM
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Thanks NFX! I was having difficulty deciding on whether to fill out a PA form or an SR form, but I guess for beats it'd be the SR :)
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By
Sherman323 @
Saturday, August 15, 2009 6:51 AM
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I enjoyed the article even though it was a refresher course. It did provide me with additional information about the poor man's copyright. I guess we can say that it's the producer's pacifier in a sense. I especially MUST give thanks for the comment that cleared up the use of freeware, purchased, and cracked softwares. I was wondering about that for a while now, but I didn't know where I could go for the answers that were provided in that particular comment. Everything happens in due time for a specific purpose. All the times I spent on youtube and finally decided to check out the actual site was well worth the wait and experience gained. I trust you guys and girls. Thanks again.
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