Q & A
Each month, MusicBizAdvice.com answers your questions about the music industry.
Here we discuss how to register more than one composition per copyright
form, how to title the collection for best search results and the conditions
your works must meet to be filed as a collection.
Copyright: How to Register More Than One Composition Per Copyright Form, and
How to Title it for Best Search Results Later
Q. In one of your answers to protecting your music till pay day you
mentioned that,
You can copyright more than one composition per form to save money. My
question is how many can we copyright on one form? Thanks, T.
A.
You can save money by registering more than one composition per form by
registering them as a "collection," as long as it meets certain conditions,
which we'll get to below.
Technically, you can register as many compositions on one form as you like.
If it's the only way you can afford to register your copyrights, this can be
a great money saver. BUT keep in mind that if you register more than one
composition per form, you're registering them as a collection, and the US
Copyright office will index all the songs in your collection under ONE
title--not individually. Because of this, I recommend limiting a collection
to the length of an album or EP, for one important reason:
Aside from its artistic value, the business value of your registered
copyright depends on other people's interest in it. Hopefully at some point
in your career someone will need to search for the registration of your
songs. You want them to be able to find it, so plan ahead for later ease of
looking up the registration. Someone will need to look up the registration
of your composition if:
**you make changes to the composition later (new lyrics, adding a bridge,
rearranging verses, etc.--all are likely to happen if you're signed to a
label)
**you re-record it with better sound quality for release on a major label,
or you record a new live version
**you make a DVD containing the song
**someone records a new version of your song
**you become a successful songwriter
**someone claims you infringed their copyright (i.e., stole their song), or
you must sue someone for infringing yours
**your heirs want to renew your copyright registrations
For ease of search, if you can afford it it's preferable to register your
songs' copyrights separately whenever possible--especially songs with the
most hit potential. But registering your copyright as a collection is
infinitely better than no registration, so here's how to do it:
1. Make sure the compositions meet the US Copyright office requirements for
a collection (see below).
2. When assembling a collection of songs under one copyright registration,
limit the number of songs to album or EP length. Pretend you're preparing an
album for release and keep those songs together. This way, if someone
expresses an interest in one of your songs, you'll be more likely to
remember the name of the collection where it can be found without having to
check your files. (It also helps your compositions meet an important US
Copyright registration condition for collections. More on that below.)
3. You can kinda-sorta get around the collection title problem this way:
technically, a title can be as long as you want it to be. Use the song
titles as part of the collection title, with the song you're most likely to
use as a single first.
Example:
Let's say you're registering a collection of songs you plan to put on a
forthcoming 4-song EP called Financial Blues. The songs on it are Short on
Cash, Can't Afford it, Darn the Rent is Due, and Starving Musician Boogie.
Short on Cash is the song you'll push to radio.
By using the title Financial Blues: Short on Cash, Can't Afford it, Darn the
Rent is Due, and Starving Musician Boogie, the song Short on Cash will be
easier to find. Always put the potential hit first in the title, and--excuse
the expression--potential filler songs last. Because we don't know how much
of the title will actually appear onscreen in a search (or will with future
software), it's important that you keep accurate records about the songs on
your collections.
4. For better record keeping, even though the Copyright Office says it isn't
necessary, I recommend also listing each individual song title in the
collection on form CON, which is the US Copyright Office's continuation form
you attach to Form PA, SR, or whichever copyright form is appropriate for
your work. This way, if the Copyright Office can't find one of the songs in
a search, you have a record of where it is, on their own official form, with
proof of the registration. (Resist the urge to wave it at them while singing
"nyeah, nyeah, nyeah, nyeah, nyeah"...They're very nice people.) It's an
additional step, but the more possibilities for cross-referencing titles as
the Copyright Office upgrades its computers in coming years, the better.
5. Always keep thorough records, including the exact title of the
registration, exact title of the songs in each collection, date sent, date
filed by the Copyright Office (it's on the completed form and certificate
they send back to you), copyright registration number, and an exact
duplicate of everything you sent in your copyright registration package,
plus the post office receipt with the Copyright Office signature. (Keep all
backup documentation too, incase of an infringement suit later: original
lyric sheets and new drafts, etc.)
Now for the conditions for collections. According to US Copyright Office
website, "a work may be registered in unpublished form as a 'collection,'
with one application form and one fee if:
The elements of the collection are assembled in an orderly form;
The combined elements bear a single title identifying the collection as a
whole;
The copyright claimant in all the elements and in the collection as a whole
is the same;
All the elements are by the same author, or, if they are by different
authors, at least one of the authors has contributed copyrightable
authorship to each element."
Important:
The US Copyright Office website specifically states that "Published works
may only be registered as a collection if they were actually first published
as a collection and if other requirements have been met." Be very careful
here; many works don't meet the requirements for a collection due to this
clause.
For further information, check out the US Copyright Office website under
Circular 1, Copyright Basics, section “Registration Procedures.”
http://www.copyright.gov/help/faq/faq-register.html.
You can also call the US Copyright Office info line at
(202) 707-5959, or consult an
entertainment attorney who specializes in Intellectual Property Rights.
Good luck!
Randi Reed
Editor-in-Chief /Founder, MusicBizAdvice.com
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