Song publishing/copyrights? I've got questions.

[RacerX]

I'd be glad for some serious input and probably amused by the normal Atrip responses.

My friends and I have been writing some original songs. We started last November and have about 4 songs close to completion. We've got ideas for almost 10 other songs.

Anyway, I've heard of copyrighting material by sending it to yourself through certified mail. You then keep the package unopened on the chance a court dispute would occur. You would then open the dated/sealed package in court proving that you created the music on or before that date.

Beyond that, I was wondering if anyone here had any ideas or experience on marketing original material on the internets? There's youtube but I'm wondering how to protect our songs once they are released there?

[Smapdey]

Yes, lots of experience.

Basically, intellectual property rights law breaks down into three categories: copyright, trademark, and patent. Trademark is just for business, and costs money. Patent is for inventions and the like, and costs money as well.

Copyright is automatic, and free. If you created something, you automatically own the copyright, for the next seventy years after you die (something like that).

You do have one responsibility though, which is to send anything you want to claim the copyright on to the library of congress. In fact, all copyright things are supposed to be sent to the library of congress, doesn't matter what, the library of congress will take anything and everything.

In fact, should you need to claim the copyright, while you will be able to prove you created the intellectual property in question without sending it to the library of congress, there may be fines for not doing so.

So, don't mail it to yourself, just mail it to the library of congress. You'll avoid a fine, and have legal evidence you are the copyright holder of what you've created.

As for protecting your stuff, I wouldn't worry about it. You haven't sold anything, and you aren't famous, so currently your work doesn't have much associated dollar value. It is worth more to just get people to listen to it at this point, as that will build on the value. Unless you're willing to spend the money to lawyer up and take someone's ass to court on a DMCA violation, it probably isn't worth worrying about.

As for marketing, try playing local shows, and getting involved in your local music scene. That's a better avenue for starting bands than trying to find a following on the internet, at least in my opinion.

[RacerX]

Thanks Smap! Most appreciated.

A while back, I looked at submitting to the copyright office (http://www.copyright.gov/) but they are charging something like $30 per work (song). Is that different than the library of congress? Do they charge a fee?

I'm not trying to be conceited and think our music will be stolen by some big name artist but friends of mine have said that some of our songs really have potential as hits. Maybe I'm being too hopeful/naive that our songs are good enough to be stolen like that.

I understand exactly what you're saying about the local scene. We used to play out as a cover band from 1997 to 2000. We're getting older and my friends all have kids, so, we were trying to avoid the local bar scene. Firstly, we'd love to have our music listened to and create a following - even if we weren't compensated. What we'd ultimately like to do is sell these songs for any number of uses. If they were sold to a national artist to be re-recorded as their own, that would be awesome. If we sold them for use in commercials or movies, that would be perfect for us.

Thanks again Smap! I really appreciate your input.

[Smapdey]

Start a blog for the band, post songs and news there. Get facebook, twitter and connect them with the blog. If you've got them on the website, that will be good enough for court purposes, as you'll be able to prove you had it first.

There's no reason to submit to the copyright office, copyright is automatic and free. You can take the additional steps, but there is no need to.

The library of congress just needs some basic information, and for you to mail them a copy of the work. I don't believe they require any fees, but I'm not positive.

[RacerX]

I appreciate it! Thanks Smapdey.

Now to figure out a band name. We used to have a name back when we did covers - I'd have to check to see if it is still unique. We've been concentrating on the music up to now but it's probably time to think of a name.