What Copyright Means to Me
Thursday, March 5th, 2009 by Patrick Ross
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Today’s guest blog is from Don Rath, Jr., a composer and Copyright Alliance one voi©e member.
Without going into what one must do to secure a registered Copyright or to discuss Copyright Law, as a Composer of music, I wanted to write about what it means to me to have the rights and privileges afforded me through Copyright ownership.
I made the decision to formally register my musical works at the US Copyright Office just in case of any illegal activity or copyright infringement towards any of my original creations. Officially, there is no real need to file for a Copyright Registration unless a person wants ownership to be a matter of public record, wants a Copyright Certificate or wants to file a lawsuit against someone who illegally infringes upon a copyrighted work that they own. Since I had a plan to publish my creations, I felt compelled to file for the formal registrations as an insurance policy to protect my ownership interests as granted by the Constitution of the United States. Also, I knew that by registering my music that I would be standing on solid legal ground if or when I needed to defend my property rights. That is the protection I was seeking and that is why I continue to register all of my creations.
Since I made the decision to attempt to earn money from my music and knowing I have the formalized Copyright, it has freed me up to promote it as best I can with the ultimate goal of earning a fair and decent living writing original music. It’s not easy to write, produce and manufacture it into a marketable product. It’s a lot of work, hard work, for which I hope to be properly paid for my efforts in creating something that brings others pleasure. Registering a Copyright helps to ensure that.
Copyright Law includes guidelines for the use of copyrighted material. I know that I have, at least initially, complete control over the use of it as well as choosing who has the right to use it. Ideally, everyone should honor Copyright Law. However, in the real world, preventing them from unlawful use is difficult and Lawmakers are trying to write enforceable revisions to prevent unlawful uses of copyrighted material.
Further, and of most importance to me, is the fact that through my work as a living Composer and as an incredible benefit of Copyright Ownership, the legacy of my music can be left to my Children and Grandchildren, hopefully, enriching their lives. To me, it is not really a selfish act, composing music, but rather an act of giving even more of my self to my loved ones as well as giving to my fans and friends, in this lifetime, something they value and something real. Truly, music is a gift from my soul to theirs.
Don Rath Jr
StringTunes – Music To Soothe Your Soul!
http://www.stringtunes.com
March 9th, 2009 at 7:08 pm
Don, Thank for the great article. Copyright protection is all we have otherwise it become the property of whomever wants it. Protect it or lose it. $40. for life plus 75 years is a bargain.
Rock on,
Myron
Myron and the Kyniptionz
San Diego, Cali.
March 9th, 2009 at 8:11 pm
I like to say thank you on the Copyright protection. Ive been going back and forth with my son on this subject he’s also a producer but being my son he will not listen to me ! So this will help a lot. Thank You Riko Q.
March 9th, 2009 at 8:16 pm
Don,
Unfortunately registering a copyright does not work for everyone. I have registered
three copyrights; 1 for a big band composition and 2 for symphonic compositions. I have been waiting on a copyright for a published book that I wrote for over a year. I don’t think our copyright office is run very efficiently and they are most unprofessional in many areas.
Bryan-Chauncey Mays
March 9th, 2009 at 9:44 pm
Many thanks to those who have commented!
A quick note on the delivery of the actual Copyright Certificate - Copyright is in effect the moment a work is in a tangible form, something you can touch, the manuscript, the book, the CD, etc. The Certificate may be coming much later than one would expect if submitted in writing through the mail or post services. Waiting a year is not out of line in this regard. Your registration is effective on the day it is received at the Copyright Office. The Certificate is for you and it can be used in a court of law when needed in an infringement case. Otherwise, there is no real need to have possession of the Certificate in the short term. The Copyright website now provides for digital deposits of works with a shorter delivery time frame for the actual certificate. To repeat, the Copyright is in effect the moment the creation is in a physical form and formal registration is dated as of receipt of the forms and the deposit. Hopefully that will ease your discomfort about not having the physical piece of paper.
Riko, I just posted another piece on Copyright that you and your son may be interested in on my blog. It is actual a combination of two important parts of the US Code relative to Copyright Infringement. Here is the link to the blog post - http://stringtunes.wordpress.com/2009/03/07/information-about-copyright-infringement/
Brian-Chauncey, respectfully, Copyright does work for everyone as best as it can, in its current form, in today’s day and age. As pointed out, our Lawmakers are working on improving it due to the huge changes currently taking place in the industry. The Law is the same for everyone regardless of who is involved. I used to think the same way you are now until I spent a little bit of time reviewing the US Copyright website. By taking a bit of time, I learned what the law actually says. In and through the law as written and as upheld by the Courts, I found my ill informed knowledge and my improper thinking was quickly corrected with just a small amount of research. That is where I found not only my comfort but my patience as well. I hope you take a bit of your time to review what the Copyright Law actually says. It will help to clear any questions or confusions you may have about it. Here is the US Copyright Offices Website - http://www.copyright.gov
Happy Creating:)
Don Rath Jr
StringTunes - Music To Soothe Your Soul!
March 10th, 2009 at 8:29 am
Don - Thanks for an artist’s perspective on Copyright Law. There are several advantages, from a legal perspective, to registering a copyright of which you and your readers should be aware that you did mention, perhaps for sake of brevity. First and foremost, not only does registering a copyright allow you to “file a lawsuit,” but it affords you of certain equitable remedies not otherwise available, including the ability to obtain statutory damages that range all the way up to $150,000 per work infringed. Registration also allows you to seek attorneys fees in the infringement action. Secondly, the Certificate of Registration is more than just public record, it is prima facie evidence that you are the owner of the copyright. In other words, if your work is registered, the burden of proof falls on the infringer to prove that the work is not yours. Third, if you have not registered a work and you find that your work has been infringed, there are certain time restrictions that must be met for registration. So, those three points, in my mind, make it very critical to file registrations for your works, and create the “real need” to do so.
March 10th, 2009 at 1:41 pm
Brien Chaucy-Mays, I have several registered copyrights with the copyright office of the United States but one of them has still yet to be recieved after about 10years! No one at the office has said anything regarding its whereabouts! I have since then decided to try to attend business school to obtain my MBA. Other then that, I agree with the idea that the $40 is a good price to protect my work, as I share in the goal of being able to make a living doing what I do best as well.
Miss Trill R. Kilroy
March 10th, 2009 at 4:59 pm
Barry,
Thank you for adding the additional coverage regarding the benefits of registering a Copyright. I greatly appreciate your contribution. Excellent input, Thank you!
TR - Did they cash your checks? Also, the new registration process at the http://www.copyright.gov website should speed up your application and make it a lot more easy to track. Good luck in pursuing your interests and I hope you arrive and soon meeting your goal of earning a living making music!
March 10th, 2009 at 10:47 pm
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