FAQs

Copyright is a form of protection provided by the laws of the United States (title 17, U.S.Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do any to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and in the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

We limit our practice to the unique requirements of Musical Copyrights. The copyright of the "musical work" and the "sound recording".

Our clients are primarily Independent Record Labels, Recording Studios, and unsigned/Indie-signed bands and musicians.

The owner of a copyright has the exclusive right to do and to authorize others to do the following:

• Reproduce the work in copies or phonorecords.
• Prepare derivative works based on the work.
• Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, such as by rental, lease or lending.
• Perform the work publicly.
• Display the copyrighted work publicly.
• Perform the work publicly by means of a digital audio transmission (for sound recordings).

Copyright protection exists from the time the work is created in fixed form and immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. In the case of works made for hire, the employer, not the employee, is considered to be the author.

The authors of a joint work are co-owners of the copyright unless there is an agreement to the contrary. Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

Two general principles:

1. Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that a mere transfer of ownership does not automatically transfer rights in the copyright
2. Minors may claim copyright, but state laws can regulate the business dealings of copyrights owned by minors.

Copyright protects “original works of authorship” that are fixed in a tangible form of expression.

Several categories of material are generally not eligible for federal copyright protection. These include, among others:

Works that have not been fixed in a tangible form of expression. For example, choreographic works that have not been notated or recorded or improvisational speeches or performances that have not been written or recorded.

Titles, names, short phrases, and slogans (see trademarks); familiar symbols or designs; variations on typographic ornamentation, lettering or coloring; listings of ingredients or contents.

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries or devices, as distinguished from a description, explanation or illustration.

Works consisting entirely of information that is common property and containing no original authorship. For example, standard calendars, height and weight charts, tape measures and rulers and lists or tables taken from public documents or other common sources.

Works Originally Created on or after January 1, 1978

For these works, copyright protection will endure for the life of the author plus an additional 70 years. In the case of a joint work, the term lasts for 70 years after the last surviving author's death. For anonymous and pseudonymous works and works made for hire, the term will be 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

Works Originally Created Before January 1, 1978, but not Published or Registered by that Date

For works created but not published or registered before January 1, 1978, the term endures for life of the author plus 70 years. In no case can a term have expired earlier than December 31, 2002. If the work was published before December 31, 2002, the term will not expire before December 31, 2047.

Works Originally Created and Published or Registered Before January 1, 1978.

For pre-1978 works still in their original or renewal term of copyright, the total term is extended to 95 years from the date copyright was originally secured.

A copyright owner can transfer rights. However, the transfer is not valid unless it is in writing and signed by the owner or the owner’s authorized agent. Transferring a right on a nonexclusive basis does not require a written agreement.

A copyright may also be given through a Last Will.

Copyright is a personal property right. This means it is subject to state laws and regulations that govern the ownership, inheritance or transfer of personal property as well as terms of contracts or conduct of business. For information about relevant state laws, please consult an attorney.

Although the general rule is that the person who creates the work is its author, there is an exception. A work made for hire is a work prepared by an employee within the scope of his or her employment. It can also apply to a work ordered or commissioned in certain specified circumstances. When a work qualifies as a work made for hire, the employer or commissioning party is considered to be the author.

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. ProtectYourMusic.com can assist you in obtaining a trademark. However, copyright protection may be appropriate for logo art work that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark. Contact us directly for Trademark issues.

Copyright does not protect ideas, concepts, systems or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description. Be aware that a copyright will not protect the idea itself as revealed in your written or artistic work.

Any person who contributes original material to the work is considered an author, but the contribution must be more than minimal. For example, writing one short sentence in a 20-page manuscript is not enough to be considered an author.

In addition, someone who merely makes spelling corrections, transcribes text or performs other non-creative work would not be considered an author. In cases of works for hire, the "author" is considered to be the employer.

The author is the owner/claimant of the copyright unless the author transfers the copyright to another party (such as a publisher).

Copyrights protect original works of authorship such as literature, music and art. However, not all works are eligible for copyright protection. These include:

• Titles, names, short phrases and slogans. (In some cases, these may be Trademarks. Please see our Trademark Law Library for more information).
• Ideas and concepts.
• Blank forms.
• Works that have not been written down or recorded.
• Works without original creativity.

For example, facts, well-known phrases or a list of names, without more, are not copyrightable. However, if these items are organized in an original manner, then a copyright would protect the way it was organized.

For copyright purposes, publication is the distribution of copies or recordings of a work to the public by sale, rental or other transfer of ownership. The distribution of copies or recordings to a group of persons for purpose of further distribution also constitutes publication. A public performance or display of a work, without more, does not constitute publication.

If an earlier version of the work has been published, but this latest version that you are now seeking to copyright has not, then choose "No." Recall that in order to qualify as a new version, substantial changes must have been made. If there were only minor editorial revisions, it is considered to be the same version.

Generally, publication occurs on the date when copies of the work were first made available to the public.

Generally, a "changed" or "derivative work" is defined as a work that contains a signficant amount of material that was published, registered with the Copyright Office, or in the public domain.

A typical example of a changed or derivative work is something that is primarily a new work but incorporates some previously published material. Other examples include:

• An adaptation.
• A translation.
• A condensed version of an existing published work.
• A significant revision or new version of a published work.
• A dramatization based on real life events.
• A musical work containing the chorus from a '70s pop song.

Please Note: A work is considered to be a changed or derivative work only if a significant amount of a pre-existing work has been used. If the work only incorporates pre-existing ideas (which are not protected by copyright), but does not take a substantial amount of an existing work's expression, then it would NOT be considered a changed or derivative work.

If you have specially selected or arranged pre-existing material (not your own) to create a new work, it is called a compilation. Examples of compilations include a best of anthology, greatest hits collection, directory, collage or catalog.

Please note that with compilations, copyright protection extends only to the original material contributed by the author -- in other words, the selection, organization and editorial revisions.

A "work for hire" is a work created by an employee within the scope of his or her employment. It is also a work specially ordered or commissioned, but only if the parties agreed in writing to treat it as a work made for hire. If a business entity is an author, then the work is automatically treated as a work for hire.

How much does someone have to contribute in order to be considered a joint author?

Any other person who contributed original material is considered a joint author. The amount contributed does not have to be equal, but it must be more than minimal. For example, writing one short sentence in a 20-page manuscript would not be enough to be considered a joint author.

In addition, someone who merely made spelling corrections, transcribed text or performed other non-creative work would not be considered an author.