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did some research and got this article. Makes sense and can save lots of money.

September 24, 2004

Q & A

Each month, musicbizadvice.com answers your questions about the music industry.

Copyrights: Form PA or Form SR:

Q: If I'm sending in a copyright for a song, do I use Form PA or SR?

A: We called the US Copyright Office and spoke with Robert, one of their Information Specialists. According to Robert, the Copyright Office's interpretation of the forms is that Form PA is for words and music and musical arrangements, and that Form SR is for the sound recording and the performance on the recording, as well as the arrangement of the actual sounds on the recording.

In our own humble, non-legal advice giving opinion, if it's a song you've just written, we'd go with Form PA. If you're the artist as well as the songwriter, the recording is master quality, and the recording is the exact one that will be on the CD, we'd go with Form SR. (Think "SR=Sound Recording.")

To save money, some artists who write their own songs skip Form PA and just do a Form SR once the song is recorded on a CD for release to the public. But we never recommend this, because if someone steals your song before you're finished recording, you have no legal recourse. (You cannot sue for infringement unless the copyright is registered with the US Copyright Office.) You may not think anyone will steal your songs, but it happens. We know one unscrupulous bast*** who goes to local bands' shows, records songs he thinks have hit potential, and then registers the copyrights himself before the artist does, knowing the artists can't sue. (See next month's Q&A for more on Copyright.)

Further copyright information is available at the US Copyright Office website at www.copyright.gov. (Circulars 50 and 56 are particularly helpful. The website has an excellent search function that will help you find them.) If you need help deciding which forms you need, talk to an Information Specialist at (202) 707-3000 .

Okay.. not sure who these people are.. but they are WAY off on several points. You can't sue without a registered copyright true.. but you can register it and THEN sue, even after an infringement has taken place. You have your copyright rights the moment you fix your music to a tangible medium. These folks are really misleading people. Also, simply having a registered copyright doesn't being to prove you wrote a song. You still have to do that in court. So this theory that someone can copyright your work by recording it in a venue is BS. Sure, they could do it. You can also send a copy of any Beatles song in and get a copyright registration. No one is LISTENING to the songs you send in. It's just paperwork. Sure, it doesn't hurt your case if there is a lawsuit, but having a registration doesn't win you a lawsuit either.

So who are these people are why are they giving inaccurate advice?

Brian

Ok....I'm new here, so I need some guidance. I havr written a bagful of tunes, several of which I have recorded (with a group) and are nearing completion of a CD.
(1)What's the "best" method of protection for my songs?
(2)If it is the PA form, do I send one for each song or can I send the bunch I intend to release as one project (is that even allowable??)?
(3)Send recorded media (ie me, my voice and instrumental accompaniment) or sheet music for each song?
Thank you in advance to everyone and anyone who can help.
-Frank

Hi folks-
I have learned these tips over the years to help safeguard/protect your music.

The best way to protect your music is to register your music with the Copyright Office.
After my research, and reading all of the copyright forms, and circulars, The PA form is the correct form to use to submit an original song.
Always include the lyric sheets, and a tape or CD of your music. The sheet music is not mandatory-
To save $$$, copyright multiple songs as a collection- you can use a continuation form
if you need more space to list your material.

Keep all of your original drafts; lyrics sheets, arrangements, scores, notations,
recordings etc..

Police your material-
Keep logs of who, when and where you send your music.

If these things are done, one has a pretty solid case in court, if someone tries to use your music.

I personally, do not show my music to anyone, (with a few exceptions; my mother, or family or friends who are not in the business) never musicians- untill the work is coprighted. I am selective at that point.
Even your great ideas- for a title/ hook, or theme should be kept to yourself- unless you are co-writing with someone you feel
you can trust.

Many books say to pitch your music to as many sources you can, to get it out there.
Anyone who will listen- your neighbor, the mailman, etc.. That is up to you.
I feel, if you have a song you really feel is unique, radio ready, and feel confident you can get cut with a major artist on a major label, I would be more selective- and deal with the record companies in particular.
And then, be careful.Know who you are dealing with.
Never sell a song outright for cash-
or give up the publishing rights.

Cal



[This message has been edited by Cal (edited 09-24-2004).]

Cal,

Your music is copyright protected the moment you write it down or record it. Ideas, on the other hand, can never be copyright protected. Only the presentation of those ideas. Otherwise, you'd have 1 love song. 1 break up song. etc.

Registration is a matter of legal standing. It establishes a date you claim ownership of that work with the government. But it's not the date your protection begins. It's simply a formality that must happen before a lawsuit can be filed and it's one piece of proving you wrote a work and have legal ownership. A registration by itself proves nothing. You can register a Michael Jackson song and no one will stop you because they aren't listening to the work. If you did, and tried to use that to prove it was your work, in court you'd be quickly defeated.

Keeping work copies, notating live performance dates, keeping a record of when you posted a song on a website or message board etc.. are all ways to support your side in case someone infringes on you, OR you are accused of infringing on someone else. You have to prove 3 primary things in an infringement lawsuit. 1. That you wrote it. 2. That the infringing party had reasonable access to the work. 3. That damages/losses/profiting occured due to their infringement.

Using reasonable record keeping is always a good idea if you are doing this with hopes of professionalism and commercial success. But it's very hard to write a great song and get it cut yourself. Stealing it from someone else is dramatically harder because you're unlikely going to be able to duplicate that work/talent again. Use reasonable professionalism, but spend your time working on making great music. Too many people cower in fear that something will be stolen and end up getting nowhere due to that fear. Music is made to be heard.. not hidden away.

Brian

Dude,
This is the way I do copyrighting. You can use the PA form. Submit a Suite of songs on cd. You can pay one fee for a Suite. IE, maybe like an album worth at a crack.
Michael
Ps. Keep your own records of the Suite though. The songs will not be copyrighted listed individually. Only as the Suite.

When I sent my songs to the copyright office
I used the PA form, and sent my songs as a group, where it says ( Title of this work) I gave the group a name, then I printed out each song on a separate sheet of paper, with song title, and also group title, I then put all in a manila envelope, and sent it.

I was also wondering if it would do any good to have a notary look at your songs, then notaries and seal them in an envelope, not that I worry about my songs, but for those who do.

Emmy

brian said it all.. copywrite your songs in batches... i like 30. call it a piece of work. an opus. then you have documantation of the works for 25 yrs.and some yrs after your death.(wichever comes first) if someone likes a song ,you retain the right to copywrite that individual song . at 30 bucks a pop this works for me.that's the way it was explained to me.and i've now got 90 to the library of congress and 13 more waiting ..when i get 30 i send. 1 cd and all typed lyrics.nobody is gonna steal anything! god i wish they would! lol! hope this helps, barn.

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www.barkinbarneyandthetallboys.com

Might be a good idea for folks to wander over to the Copyright Office website and read up on the various procedures and suchlike. They do pretty much speak English, rather than legalese, over there. And the best place to get your information is from the horse's mouth.

http://www.copyright.gov/

--- Ed


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http://www.edperrone.com/music/index.shtml
http://edperrone.rideonmusic.com

[This message has been edited by EdPerrone (edited 09-26-2004).]