Song Writer Question - LegalHelpForum.com

mollyL · 11-06-2009, 02:35 PM

I have a friend who is a song writer. Once he finishes a song he mails it to himself by certified mail, and then never opens the envelope, just files it away with his other songs. He says that that is as good as a copyright, that it would prove that he wrote the song first and the proof is the date on the letter. Can that be right?

YB · 11-06-2009, 07:50 PM

What you're friend is doing is considered the "poor man's copyright" and is not an effective way of copyrighting his music. He would need to obtain the copyright forms from US Copyright Office on their website and mail it in along with payment (about $45 per song).

You can visit U.S. Copyright Office - Copyright Registration of Music for some more information.

Taggart · 11-07-2009, 09:53 AM

I think there's also a service of registering intellectual properties like that with the writer's guilds.

Years ago, I heard the registered mail method suggested by some people in the music industry. Hopefully nobody got burned by relying on that.

chris1203 · 11-07-2009, 11:49 AM

Quote:

Originally Posted by YB

What you're friend is doing is considered the "poor man's copyright" and is not an effective way of copyrighting his music. He would need to obtain the copyright forms from US Copyright Office on their website and mail it in along with payment (about $45 per song).

You can visit U.S. Copyright Office - Copyright Registration of Music for some more information.

Along these same lines, I have heard that just writing "copywritten by__ and the date" is sufficient to copywrite an article or short story that you wrote. Is this incorrect, as well?

Taggart · 11-08-2009, 07:44 AM

Quote:

Originally Posted by chris1203

Along these same lines, I have heard that just writing "copywritten by__ and the date" is sufficient to copywrite an article or short story that you wrote. Is this incorrect, as well?

I believe I've heard that it is in effect upon completion of a work if you include that notice. I think in the case of a legal dispute it would probably be helpful to have more than that.

I'm always interested in what the pros have to say about this stuff.

chris1203 · 11-08-2009, 11:02 AM

Quote:

Originally Posted by Taggart

I believe I've heard that it is in effect upon completion of a work if you include that notice. I think in the case of a legal dispute it would probably be helpful to have more than that.

I'm always interested in what the pros have to say about this stuff.

Me too, Taggart. The ins and out of copywriting can be very confusing at times and you don't want to get it "wrong" because you may pay for it later!

mollyL · 11-08-2009, 03:44 PM

Another item I've encountered is the concept that your intellectual property is "copyrighted", as in you own the copyright, as soon as you create it. It is the registering of said copyright that is the legal formality that protects you. Is that the case? And $45? Yow, bad news for starving artists!

heretoday · 11-13-2009, 02:47 PM

A friend of mine got together with a band for a couple of jam sessions, but decided they weren't really playing the type of music he liked. They had all messed around with a couple of his original tunes. A few years later we went to see the band at a club and they had taken one of his songs and completely changed the music but kept the lyrics. They were touting it as one of "their" originals. My friend chalked it up to experience, but I wish there had been something he could have done about it.

paulinephiliphs · 03-26-2010, 12:22 AM

I think there's also a service of registering intellectual properties like that with the writer's guilds.

Years ago, I heard the registered mail method suggested by some people in the music industry. Hopefully nobody got burned by relying on that.

Real Estate Law Temecula

11-06-2009, 02:35 PM	#1 (permalink)
mollyL Junior Member Join Date: Nov 2009 Posts: 18	Song Writer Question I have a friend who is a song writer. Once he finishes a song he mails it to himself by certified mail, and then never opens the envelope, just files it away with his other songs. He says that that is as good as a copyright, that it would prove that he wrote the song first and the proof is the date on the letter. Can that be right?

11-06-2009, 07:50 PM	#2 (permalink)
YB Administrator Join Date: Sep 2009 Posts: 25	What you're friend is doing is considered the "poor man's copyright" and is not an effective way of copyrighting his music. He would need to obtain the copyright forms from US Copyright Office on their website and mail it in along with payment (about $45 per song). You can visit U.S. Copyright Office - Copyright Registration of Music for some more information. Legal Help Forum I am not an attorney and this is not legal advice.

03-26-2010, 12:22 AM	#9 (permalink)
paulinephiliphs Junior Member Join Date: Mar 2010 Posts: 1	hiiiii I think there's also a service of registering intellectual properties like that with the writer's guilds. Years ago, I heard the registered mail method suggested by some people in the music industry. Hopefully nobody got burned by relying on that. Real Estate Law Temecula

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11-07-2009, 09:53 AM	#3 (permalink)
Taggart Junior Member Join Date: Nov 2009 Posts: 23	I think there's also a service of registering intellectual properties like that with the writer's guilds. Years ago, I heard the registered mail method suggested by some people in the music industry. Hopefully nobody got burned by relying on that.

11-08-2009, 03:44 PM	#7 (permalink)
mollyL Junior Member Join Date: Nov 2009 Posts: 18	Another item I've encountered is the concept that your intellectual property is "copyrighted", as in you own the copyright, as soon as you create it. It is the registering of said copyright that is the legal formality that protects you. Is that the case? And $45? Yow, bad news for starving artists!

11-13-2009, 02:47 PM	#8 (permalink)
heretoday Junior Member Join Date: Nov 2009 Posts: 18	A friend of mine got together with a band for a couple of jam sessions, but decided they weren't really playing the type of music he liked. They had all messed around with a couple of his original tunes. A few years later we went to see the band at a club and they had taken one of his songs and completely changed the music but kept the lyrics. They were touting it as one of "their" originals. My friend chalked it up to experience, but I wish there had been something he could have done about it.

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