How Do We Register A Copyright
The Library of Congress handles all copyright applications through the Copyright Office. Beginning in mid-2008, the most current form for song registration is online Form CO, although the old forms for song registration – Form PA and Form SR – may still be requested and used.
Advantages of filing a copyright registration using online Form CO include:
- Lower filing fee of $55 for a basic claim
- Fastest processing time
Before using the service, we recommend you first read eCO Tips, eCO FAQs, or eCO Tutorial .
The two alternate methods to the online Form CO application for song registration include:
1) Registration with Fill-In Form CO
The next best option for registering basic claims is the new fill-in Form CO, which replaces Forms PA and SR. Using 2-D barcode scanning technology, the Office can process these forms much faster and more efficiently than paper forms completed manually. Simply complete Form CO on your personal computer, print it out, and mail it along with a check or money order and your deposit. The fee for a basic registration on Form CO is $55.
2) Registration with Paper Forms
Paper versions of Form PA Form SR are still available. The fee for a basic registration using one of these forms is $85 payable by check or money order. Form CON is also still available in paper. These paper forms are not accessible on the Copyright Office website however, staff will send them to you by postal mail upon request.
Why Would I Want To Register My Copyright
When your content is stolen or misused, your first thought may be to take legal action. The first question you may be asked is, Did you register with the Copyright Office? Thats because when you register, you have the ultimate leverage.
According to updated regulations, you must register with the U.S. Copyright Office before you can file a lawsuit. Other types of registrations or mailing your music to yourself are not substitutes for USCO registration. Early registration can grant you a large payout up to $150,000 per infringement PLUS your legal fees, but only if you register before your music is stolen or misused.
| Registering Now |
|
Receive up to $200-$30,000 per work . |
Registering with the U.S. Copyright Office is one of the most important actions you can take and its something that you should want to do shortly after or before your music is released.
A registered work is your only ticket into court and it will carry a lot more weight than a sealed package, a Soundcloud link, or beer-soaked napkin.
In the USA, youd want to register your copyright with the US Copyright Office, part of the Library of Congress.
What Are The Consequences Of Becoming A Repeat
The DMCA provisions do not allow individuals to continually infringe upon the copyrighted materials of others and receive numerous DMCA complaints. As part of an OSPâs safe harbor qualifications, they must include a termination policy that requires the removal of users found to infringe copyrighted material repeatedly. The DMCA itself does not provide set criteria for what constitutes a ârepeat offender,â and it is likely that your OSP will merely warn you against doing so. Most OSPs will warn you of the consequences alone rather than provide you with exact information as to what criteria constitutes a ârepeat-offender.â As such, itâs in your best interests to always monitor what youâre posting and make sure that your material does not infringe upon the copyrights of others.
Read Also: How To Put Songs On Repeat On Apple Music
Is Printed Music Too Expensive
In answering this question, we must avoid the danger of comparing apples to oranges. Can you compare the price of a popular piano method book with a third or fourth-year repertoire book? Yes, you can, but you would be comparing apples and oranges.
The retail price of printed music is usually based on the print cost. The basic formula is, the larger the print run, the lower the cost the smaller the print run, the higher the cost. So a 32-page method book printed in the tens of thousands will have a very different retail price from the collection of contemporary pieces which is reprinted every third year in a print run of 500 copies.
Perhaps, this 32-page publication has been imported from Europe. We all know European automobiles are much more expensive than domestic ones. There are many good reasons why imported cars are more expensive. There is shipping across the Atlantic, custom brokerage, dockyard charges, and most recently, the exchange rate. Importing printed music from Europe is equally complex and costly.
Finally, is this 32-page publication liable to royalty? Royalty rates can range from 10% to 20%, and keep in mind that royalty rate is usually based on the retail price.
Finally, printed music is more expensive because of photocopying. More and more publications are going out of print. There are fewer music publishers. Catalogues are being demolished as photocopying machines continue their destructive advances.
How To Get A Song Copyrighted
There are various state laws and international treaties that discuss copyright. For a song written, recorded, or performed in the United States, federal law grants to song creators these exclusive rights:
- To reproduce the copyrighted work in copies. This excludes others from making copies of your recordings or sheet music.
- To prepare derivative works. Excludes others from taking elements of your song to make new ones.
- To distribute copies. Excludes others from selling copies of your song out of the trunk of a car or on the internet.
- To perform the copyrighted work publicly. Excludes others from performing your song.
- To perform the copyrighted work publicly by means of digital audio transmission. Excludes others from playing a recording of your song.
If you want to know how to copyright music, simply knowing what exclusive rights are available is not enough. You also need to know how to get those rightsand how others can use them in their own songs.
You May Like: How To Share Itunes Music With Friends
Understand The Two ‘sides’ Of Copyright: Master & Publishing
So youve secured yourself a timestamped copy of your tune. But what exactly have you got control of copyright-wise?
The copyright landscape is complex.
Royalties for songwriters divide between music and lyrics and can be split further between several co-writers, not to mention a cut for the labels, publishers, collection agencies, distributors, etc.
The key thing to note is that every piece of recorded music has two sides to its copyright: ones called the Publishing – the underlying musical composition – and ones called the Master – the specific sound recording.
The former is held by the songwriters/lyricists/composers and generally managed by or signed away to publishers. The latter is held by the recording artist and/or their label.
The industry treats these two parts of copyright separately, with the copyright in the song itself shown with a and the copyright in the sound recording shown, somewhat confusingly, with a – dont get mixed up: remember the P stands for phonograph not publishing, and not performance nor performing arts!
These copyrights are kept separate, even though in many cases the writer and performer is the same person/group, for when sometime down the line cover versions of the song start appearing, or people start sampling the recording, quoting the lyrics, etc.
It can all get incredibly complicated and keeping the publishing and master copyrights separate helps to iron out any potential legal creases.
Changes To The Register Of Copyrights
The Federal Court of Canada may on request by the Registrar of Copyrights or any interested person order a rectification of the Register.
Changes of address
The Copyright Office cannot change addresses in the Register of Copyrights. However, we will note any changes brought to our attention on the file and this information will be available to those searching the Copyrights Database.
Clerical errors
The Registrar of Copyrights does not have the authority to correct errors on a certificate of registration with the exception of clerical errors pursuant to section 61 of the Copyright Act.
In the case of clerical errors made by the applicant that fall within the scope of section 61 of the Copyright Act, the Copyright Office will issue a certificate of correction upon request and payment of the applicable fee. There is a reduced fee for requests made online. If the Copyright Office is responsible for the clerical error, it will issue a corrected certificate at no cost. It should be noted that corrections to errors that are not clerical must be done by order of the Federal Court pursuant to subsection 57 of the
Visit our fees page for details.
Assignments and licences
Assignments and licences may be registered with the Copyright Office.
An assignment occurs when a copyright owner transfers part or all of their rights to another party. The assignment may be for the whole term of the copyright or for a certain part of it.
Read Also: How To Play Music On Xbox One From Phone
I Have Received A Dmca Notice And My Content Has Been Taken Down What Should I Do Now
DMCA recipients are not required to respond in any way to § 512 notices from OSPs or complainants. DMCA notices are intended to have a âchilling effectââ that is, they suppress infringing conduct by usersâ fears of penalization at the interests of the copyright holders. As such, if you have posted infringing material, it is in your best interests to simply allow your OSP to remove the material â the DMCA will have served its intended purpose. There is a slight possibility that the ISP might take further action and disable your ISP account. Depending upon their Terms of Service, the OSP may or may not terminate your account with their service.
Should your content be removed incorrectly â that is, removed but not infringing â you will need to initiate counter-notification procedures with your OSP in order to have its access returned. OSPs are required to inform their users of counter-notification procedures as part of their safe harbor qualification, so in most cases this procedure will be made clear by the original takedown notification.
Counter-Notification
In your counter-notification, you must include:
Chilling Effects has a counter-notification form generator.
Us Copyright Office Song Registration
In the UK and many other countries, there’s no formal need to register or fill in a form to protect your songs.
In the US however, where there is no legal recognition of poor mans copyright there is a formal registration process and it is highly advantageous to register your work with the U.S. Copyright Office – for a small filing fee – in order to secure full protection of your songs under the law, and this kind of copyright registration is a requirement before you can bring a copyright infringement case to federal court.
Also Check: How Add Music To Video Iphone
How To Request Use Of A Copyrighted Song
A copyright represents a legal monopoly on the right to reproduce, sell, publicly display, publicly perform, adapt or license a work of authorship. The author of a work might not be the copyright holder — musical artists, for example, typically sell their copyrights to a recording company. A copyright doesn’t have to be registered with the U.S. Copyright Office to enjoy protection — it attaches as soon as the work is reduced to tangible form. If you wish to use someone else’s song, you will need to obtain a license.
Search for the copyright owner using the online search engine on the website of the U.S. Copyright Office. Since this database only includes works that were registered or recorded by the U.S. Copyright Office, you must continue your search elsewhere if the search engine offers no listing. Read More:Copyright Registration Advantages & Disadvantages
Examine a published copy of the work to identify the copyright holder. Many copyrighted works contain copyright notices on every published copy — the sleeve of a DVD, for example. Copyright notices include the name of the copyright holder at the time of publication. Copyright notices are not universal, however, because under U.S. copyright law, works published after March 1, 1989 don’t need notices to ensure copyright protection.
Contact the artist to find the name of the current copyright holder, if you know the author’s name and the work contains no copyright notice.
Benefits Song Of Copyrights
Don’t Miss: How To Download Music To Xbox 360 From Phone
Economic Alternatives To Get The Songs Rights: Royalty
As we were saying, it is not necessary to obtain the copyright of a specific song to play background music, either in business or in productions.
For this purpose, there are already royalty-free music platforms: online services that provide you with affordable and legal stock music.
In LegisMusic we have tested almost all of them, but the best in our opinion are the following:
- Epidemic Sound
- SoundSuit
You can find out more about each of them in our music licensing section.
This way you will know if you need this type of platform, what each one can do for you, and which one best meets your needs.
Q: What Licenses Must I Get To Use A Song In My Film
A: If you are using a pre-recorded song or another pre-recorded piece of music in your film, there are two rights you need to clear that is to say, you need to get two different licenses to use the music.
- Synchronization License: This is the right to synchronize a song or a piece of music with your visual image. It must be obtained from the copyright owner of the music, which is usually the publisher. You can find out who the publisher is by using ASCAP’s Clearance Express at www.ascap.com/ace. Songs that are not represented by ASCAP might be found at HFA . You will be provided with a contact at the publisher’s Business Affairs or Licensing Department.
- Master Use License: This is the right to reproduce a specific recording of a song in your film. You clear this right with the record label who owns the specific recording you would like to use see the liner notes of the recording to find out which company this is. Alternatively, you can get contact information for record labels by calling ASCAP’s Film/TV Department. You will be provided with a contact at the record label’s Business Affairs Department.
Recommended Reading: How To Share Itunes Music With Friends
How Can I Obtain Copyright Protection For My Songs
You do not have to register a copyright with the Library of Congress to acquire copyright protection for your song. Once an author fixes his music in some physical form, a copyright is created instantly so that the songs are legally protected. For example, when you put your songs on tape for the first time, you acquire copyright protection in both the songs and in that recorded performance of the songs. Similarly, when you write the songs down on paper, you acquire copyrights in the compositions.
If someone tries to copy one of your songs, however, a tape alone won’t prove your copyright ownership. One cheap way to protect your copyright is to mail yourself a copy of the tape, including a lyric sheet, and do not open it. The sealed, dated package is proof of your authorship and the date when you created the work. This method is called the “poor man’s copyright,” and it provides some evidence of your ownership, but no legal guarantee. Use this method only in the time between the creation of the work and mailing your application to the Library of Congress.
Music To Your Ears: Where To Find Non
Fortunately, theres a treasure trove of non-copyrighted music out there. Ive done the research, and theres a pretty robust list of musicians and entities offering their music free of copyright restrictions.
Heres what Ive found:
I also spoke to Tim Stockman, CEO of Blue Dog Video, to get his take on where video production companies are getting their music. He said he uses a combination of Audio Blocks and Audio Jungle. Sometimes to find the perfect audio clip, he says, you have to pay. But youll find the music much more original.
If you venture out on your own to hunt down other sources for non-copyrighted music, just be careful to read the fine print. Some websites charge hidden fees for usage, dont adhere to restrictions in their entirety, or prohibit use in certain situations. Hell, even this list is subject to change. If you see any that are no longer free or have suggestions to this list, please let me know in the comments.
When it comes to your YouTube video you worked so hard to create and publish, better to be safe than sorry. Be sure the music you choose abides by the copyright rules set forth by YouTube.
Don’t Miss: How To Put Songs On Repeat On Apple Music