U.S.
Code, Title 17, Section 102(a) states that a work must be
original to the author and fixed in tangible form in order
to qualify for copyright protection. What does this mean?
Simply that you must put your song down in a form perceived
to be permanent, such as on paper or in a sound recording.
Once you've done this, your song is copyrighted!
That's
right, a copyright is secured automatically once your song
is fixed in tangible form. But what about sending it to
the U.S. Copyright Office? That's known as registering your
copyright, and while this is not necessary, it may give
you an additional sense of security if you're interested
in paying the $30 per song. The U.S. Copyright Office does
not copyright songs, it registers copyright claims. This
registration gives you the authority to sue in cases of
copyright infringement, and it gives courts the authority
to presume that you are the copyright owner, putting the
infringer in the defensive position.
Whether
you choose to register your copyright or not depends on
your family budget, the number of songs you have (this can
get expensive!), and your overall level of paranoia (are
people really trying to steal your songs?). Whatever your
decision, placing a copyright notice on your song is another
method of saying to the world that you are the creator of
the work. A copyright notice consists of the copyright symbol,
the year of publication or creation, and the owner. Sometimes
you will also see the phrase "All Rights Reserved"
added to the notice. This would then look like:
© 2001 Jefferson Fairbanks, All Rights Reserved
Copyrights
typically last from the date of creation until the death
of the author plus 70 years (for works created after Jan
1, 1978). Copyrights can be transferred from one individual
to another. The most common type of transfer is from songwriter
to publisher. After signing a publishing agreement, the
songwriter will transfer ownership of the song to the publisher.
This involves a written agreement signed by both parties
and is normally submitted to the U.S. Copyright Office.
The
Copyright Act allows for two exemptions, "not-for-profit"
and "fair use". The not-for-profit exemption means
that a copyrighted work can be used in non-commercial circumstances,
such as educational, religious, charitable and government
functions. The concept of fair use applies to works used
for news reporting, teaching, criticism, comment or research.
Fair use should not diminish the song's commercial market
value. Because fair use is defined in vague terms, it has
become a hotly debated topic - Napster's legal team has
used the fair use argument in its defense, for example.
What
can't be copyrighted? Well, a great idea cannot be copyrighted.
Also, titles of songs cannot be copyrighted. You can write
a song entitled "Fire and Rain" with no worries.
But if it starts out, "Just yesterday morning they
let me know you were gone . . .", then you may have
JT's attorneys interested in speaking with you.
A
good source for detailed information with regard to copyrights
is the U.S. Copyright Office - see box to the right.
