#1December 13th, 2006 · 12:05 PM
17 threads / 15 songs
271 posts
United Kingdom
Question about copyrights
This hypotetical situation crossed my mind.
Say in a case of plagiarism, such as someone uses a song o melody line or part of it of something I have posted here on the bandamp, without my authorization, and that piece hadn't been registered/protected beforehand. Could the uploading of that song on this website under my name be used as a proof that that song was made by me before it was used by someone else, given the date of the posting?
Just wondering, but it's kind of an issue.
Anyone?
Thanks
#2December 13th, 2006 · 12:11 PM
92 threads / 12 songs
906 posts
United States of America
I'm really not very knowledgeable about this process either, but I found this and thought you might like to see it http://www.lyricalline.com/articles/article-copyright.html
#3December 13th, 2006 · 01:29 PM
121 threads / 56 songs
3,098 posts
Netherlands
Nice site, but the info on there isn't very complete, or accurate.

When you create a song in your studio, you automatically own copyrights to it.

What you are looking for, and what that site is brabbling about, it copyright protection. The dutch BUMA / STEMRA organisations actually discourage amateur artists to register their material with them, because it only costs a lot of money and won't help them at all. Copyright protection is there for artists who play live a lot, and have their material broadcast on radio and / or TV - the copyright organizations keep track of every second of airtime and every single sale of the material and can in this way make sure that the artist gets his fair share of the winnings. Unprotected work isn't even going to make it to professional radio, for radio stations need to feed back their playlists to the copyright organizations to make the mechanism work.

Now, if some artist thinks he's smart and registers a song he has ripped from some unprotected artist, then there will be the issue of proving who wrote the song first. This could be a very costly process, and might not be worth the money... But you stand a better chance coming up with an analog pre-master of your song since analog recordings can be dated more accurately (less prone to manipulation) than digital recordings.

A good "poor man" way of protecting yourself somewhat is throwing your stuff on a CD and sending it to yourself in a sealed envelope, the post stamp will serve as an accepted-to-be-reliable date marking.

Also, by hurtling your songs on the internet through the "Creative Commons" license (for instance, by uploading to BandAMP), you are well protected too, since server logs will always be retraceable as to when and where data was first streamed, uploaded, downloaded, etc. So there will be sufficient evidence as to why and what material first appeared. Sounds good ofcourse, but wait till you actually have a court case about it... It's all about whether or not you want to go through all that trouble.

I've recently made use of www.tunecore.com to put some songs out for sale on certain digital download sites, such as the itunes music stores, napster, e-music and whatnot. That site, though not free, registered my songs with legal UPC and ISRC codes, and that was that.

http://www.tunecore.com/index/faq#UPC

http://en.wikipedia.org/wiki/List_of_leading_legal_cases_in_copyright_law#United_States

I hope it helps....
#4December 13th, 2006 · 01:55 PM
17 threads / 15 songs
271 posts
United Kingdom
Thanks PX I'll check that one out, even I had to pay a little.
The thing is that when your material is exposed on the internet, call it BandAmp, mySpace, etc. somehow it's prey for not well intentioned guys who may like something they hear and decide to steal it, even a part of a song.
I knew about mailing a cd to yourself, but really don't know about any organization within the UK specialized in copyright protection, I've checked but without success.
#5December 17th, 2006 · 10:18 AM
121 threads / 56 songs
3,098 posts
Netherlands
lol
you can think about www.amazing-tunes.com what you must, but you gotta love their copyright warning:

"What if?

If you register to upload music, you agree to a warranty. You confirm this is your music, you own it, it’s not stolen. This makes you legally liable if you’re lying.

If you try to upload music someone else owns, you will die a horrible, slow lingering death, surrounded by all the nice, honest people in the world, laughing mercilessly. Also you’ll get sued. And probably go to prison. Not a nice prison, one with dripping water and rats. Lots of rats.

Respect the artist. They have better lawyers than you."
#6December 17th, 2006 · 11:10 PM
17 threads / 15 songs
271 posts
United Kingdom
Ha!...yeah nice warning.
So, they make sure you spend your days in a prison in Cambodia or somewhere like that....no offence to the cambodians though.

Anyway, if you really own it it should not fear...right?
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