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Copyright Factsheet
Christopher Knab
FourFront Media & Music
- Copyright protection is acquired automatically when a work is "created".
The definition of "created" is when a work is fixed in a copy or recording
for the first time.
- A song is considered "published" when copies of the song
have been distributed to the public by sale OR by other transfer of ownership,
and/or by rental, lease, or lending.
- Proof of ownership and copyright is achieved by registration
of the copyrighted song. This is done by filing Copyright form PA or
form SR, with a fee and one copy of the unpublished song on a record,
tape, CD, or lead sheet. If the song has been published, two copies are
sent. Registration becomes effective upon receipt of the application form,
copies of the song, and the fee.
- Registration of songs is necessary in order to protect a song from
being used without permission, and is necessary to present in a court of
law and to sue for copyright infringement.
- Copyright forms PA and SR can be found in many published books, or
may be obtained from the copyright office:
Copyright Office
Library of Congress
Washington, DC 20559
202-287-9100 (this is the 24 hour Hotline number)
- Put a copyright notice on all published copies of the song.
A circle with a small 'c' [©] in it is the usual mark, but the word 'copyright'
is also acceptable. Follow the mark with the year and the songwriter's
name. Note: the year stated is the year the song was 'first published',
not when the song was written. Unpublished works need no copyright notice,
but it is still a good idea to put the mark and use the phrase, for example
"unpublished 1995, James Jones".
- A copyrighted work has protection under the law for the life of the
songwriter, plus 50 years after his/her death.
- Please note: Song titles are not copyrightable. But be aware that using
the exact title of a song that has established itself as part of the culture,
can open the doors for a lawsuit based on property rights in the title,
which belong to the copyright owner of the famous song.
- The sound recording copyright (registered with form SR) is for
the protection of the sounds on the recording, and usually belong to the
record company who has released the CD or tape. The PA copyright form is
the copyright of the work on the CD or tape, and usually belongs
to the Publisher of the song. If the same person owns the recording and
the song, only one SR form is needed.
- The Mechanical rights and the Performance rights to a
song are the two separate rights granted to the owner of the song.
Mechanical rights are given in order to reproduce the song on actual
CD's and tapes, and to sell the reproduced copies to the public. It is the
responsibility of record labels to pay mechanical royalties to the
owner of the song, for the sale of CD's or tapes.
- A song that is reproduced on a soundtrack for a film or a TV show is
called a synchronization, and the film or TV producer must secure
a synchronization license from the owner of the song. (commonly
called a 'synch' license.)
- Performance rights are granted in order for the song to be sung or
played (recorded or live), in a public place or on radio and television.
It is the function a Performance Rights Organization to grant these
licenses and pay the owner of the song for the use of the song on the radio,
TV, hotels, clubs, colleges, restaurants, elevators, doctors offices, stores,
etc.
- There are three Performance Rights Organizations in the United States.
They are BMI, ASCAP, and SESAC.
- As of 1996 the mechanical royalty rate is 6.95 cents per song, per
CD or tape sold. Adjustments to this rate are made every two years. Additional
rates apply for songs over 4 minutes.
Christopher Knab
FourFront Media & Music
Throughout his twenty-five year career in the music business, Christopher Knab has
shared his experiences at many industry conventions and conferences, including the
New Music Seminar, the Northwest Area Music Business Conference, and numerous radio
industry seminars. Mr. Knab is also currently an instructor in the music/video business
program offered by the Art Institute of Seattle.
FourFront Media & Music
3825 34th Ave. W.
No. 7
Seattle, Washington 98199
(206) 282-6116
Chris@Knab.com
http://www.knab.com
Copyright © 1996 Christopher Knab
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