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Liner Notes
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Q & A
Each month, MusicBizAdvice.com answers your questions about the music industry.
Poor Man's Copyright
Q: My friend and I have a bet. I say mailing myself a copy of my songs is a valid
copyright. He says it's not. Who's right?
A. Start writing the check; your friend is right,
and mailing yourself a copy of your songs is not valid legal
protection against copyright infringement.
Although technically a
"copyright" takes place the moment the songs are created, mailing your songs to
yourself unopened--sometimes called a "poor man's copyright"--provides
absolutely no protection in the event of a lawsuit. In fact,
according to several entertainment attorneys we spoke with, if you have
not registered your copyright with the US Copyright Office, no court will
hear your case. So, in order to protect and enforce your copyright if
someone tries to steal your songs or sue you for infringement, you must
register your songs. In the Court's eyes, if you haven't bothered to
register the copyright with the US Copyright Office it's just not worth
their time.
Forms and information are available at the Copyright
Office. (We especially like Circulars 50 and 56.) If you need help deciding which
forms you need, talk to an Information Specialist at
(202)707-3000.
[Edited for clarity on 5/02/2005--RR]
Q&A
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so we can let you know when your question is answered and can direct
you to additional information and resources if necessary.)
Answers in the MBADC Q&A are to be taken as general advice only and are not intended
as a substitute for legal advice from a competent entertainment or intellectual property
rights attorney.
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