Q & A
Each month, MusicBizAdvice.com answers your questions about the music industry.
Protecting Your Music Til Pay Day
Q. It is clear that the
"poor mans" copyright method does not protect you. What if I have a killer song,
an opportunity and no money? Can anything protect my music until payday when I can
properly register it?
A. You’re correct; a "poor man's copyright" (the practice of mailing your
music, on tape or written, to yourself and not opening the envelope) does not protect you.
It offers proof of a date stamp for when your composition was created, but full protection
comes from registering your compositions with the Library of Congress copyright office.
Technically, your song is copyrighted the moment it's in a tangible medium - tape, paper,
CD, hard drive, computer disk, etc. However, the song must be registered with the Library
of Congress Copyright Office in order to file a federal criminal case if anyone steals
from you. (For more information, check out: http://www.loc.gov/copyright.)
Be sure to save all of your documentation of registry, and of every single person that has
access to your music if it is not yet published. If someone steals from you, proof of
access is key in a federal copyright infringement case.
If you’re broke, do not share, perform, or play the music in front of anyone until
you can raise the $30 to register the copyright. You can copyright more than one
composition per form to save money. But DO NOT share this music until it is sent off via
Overnight Mail, which provides proof of signature at the destination. (Sending it return
receipt requested used to be OK, but since 9/11 it takes too long. Overnight mail will
give you an immediate confirmation of signature.)
Once you know it's at the Library of Congress, via the receipt, you should be fine,
assuming this is an original with no samples. (You may not include samples in your
composition without providing proof of license.)
If you have an opportunity, you can ask for part of the license fee from the provider up
front. NEVER EVER sell your song outright - especially if you know it's a hit... Unless
they are prepared to give you tens of thousands of dollars for it. Instead, LICENSE the
song for a fee.
Taking on any opportunity or venturing out into the world with your intellectual property
of any kind is foolish without investing the $30 to send it off to the LOC. This is your
raincoat. Wear it!
Darcie-Nicole Wicknick, Founder
"...Ask Darcie" Freelance Music Business Services
Website: http://askdarcie.tripod.com
(617) 787-5798
AOL IM: askdarcie
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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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