Showing posts with label copyright registration. Show all posts
Showing posts with label copyright registration. Show all posts

Tuesday, October 27, 2020

Should I Register 2020 Vinyl Re-Release or 2005 Original CD?

Dear Rich: My band released a CD in 2005, and we never filed Form SR or PA for the album and underlying works. I am planning a vinyl reissue (with expanded artwork) this year, the songs are in the same order and have been remastered, but the artwork will be slightly different. Should I file the SR and PA for the 2005 release? Or should I treat the 2020 vinyl reissue as a new entity? 
 
If you're filing Form PA separately (Form PA reflects songwriting), it doesn't matter whether you use the  CD or the vinyl because the compositions are the same on both. (The date for the song publication would be 2005.) In order to register a group of published songs as one "unit of publication," you must meet certain rules.
If you're filing the Form SR separately (Form SR reflects the sound recording), we think you should use your newer remastered vinyl because that is the best sonic version and you will likely use that for downloads going forward. 
If you qualify to file the SR and PA as one application (or you need more information), you'll be best served by using the vinyl version as deposit materials. You can find more on these filing regulations in our Music Law book and in the music copyright lectures, we recorded for Lynda/LinkedIn. 
P.S. Dept. In case you weren't aware, you acquire copyright regardless of whether you register your music. However, there are many benefits to registration.

Monday, September 21, 2020

Do I Have Right to be Listed on Employer's Copyright?

Dear Rich, I wrote a book as part of my employment. While others did provide input, no one else actually wrote any of the content. My employer is requiring that they be listed as the second author. They are also requesting that only they are listed on the copyright. As I understand it, this is a work for hire situation, so they of course should be on the copyright. Do I have a leg to stand on in advocating that I should also be on the copyright?  
If you wrote the book as part of your employment duties, the employer owns the copyright as a work made for hire. According to the Copyright Office, the employer should be listed as the owner (copyright claimant) and as the author on the copyright application.

Wednesday, January 15, 2020

How Do I Fix an Error on Copyright Application

Dear Rich: How do I correct a mistake on a song copyright that I recently filled out? I need to add a third songwriter. 
We assume you're referring to an error made on a copyright application you filed online. If your application is still pending (that is, the Copyright Office hasn't issued a registration certificate), you can submit a request to address the error or omission on the Copyright Office’s website. Alternatively, once the application is being reviewed, you can inform the registration specialist (the Copyright Office examiner of your application) of the required changes.
Registration issued. If the certificate was issued, you should file a supplementary registration to correct errors or omissions. This is done online using the ECO portal. To learn more about supplementary registrations (and the exceptions to online filing), read Circular 8.

Monday, January 6, 2020

Who is the Copyright Claimant? Publisher or Composer?

Dear Rich: Should an artist who owns a publishing company register it as claimant of copyrights instead of him/her self? In this case, is there a better option? 
When filling out the online copyright application, the "claimant" is the copyright owner. So, if you (the composer/author) have assigned the songs to your own publishing company then the claimant would be the publishing company. Assigning a song is fairly simple but it must be in writing. (We've posted a basic copyright assignment online.) For practical purposes, if there is only one composer, and that composer owns the publishing company as a sole proprietor (single owner), then it won't matter whether the publisher or composer is listed as claimant as they are one and the same.

Tuesday, September 3, 2019

Do You Have to Be a U.S.citizen to register copyright?

Dear Rich: Can a non-U.S. citizen or alien register a copyright at copyright.gov? What if one co-writer is a U.S. citizen, but the other co-writers are not?
Non-U.S. citizens can register works at the U.S. Copyright Office, and it shouldn't matter what percentage of co-authors are U.S. citizens. According to the Copyright Office, anyone, regardless of citizenship status can register their work provided it is: (1) unpublished, or (2) first published in the U.S., or (3) first published in a country with which we have a copyright treaty, or (4) the work was created by a citizen or domiciliary of a country with which we have a copyright treaty. See Circular 38a, International Copyright Relations of the United States, for the treaty status of specific countries.