Feb 25, 2009 08:35 pm It depends on the contract, obviously but often it gives the label song protection, because at that point they own it, not you.
Labels and copyrights
Posted on Feb 25, 2009 08:29 pm
Soul Bass
Member Since: Jan 24, 2009
Hi!
I've read a lot about recording labels but I didn't quite understand this: does signing a contract with a recording label automatically gives me song and name protection?
Another thing... Is there an international way of registering my music? If not, and if each contry has it's own community of registered authors, can this community assure that no other band copy my music or name (I mean, for real!)? How does a starting band do it? And how do the pros do it?
Sorry for the interrogatory ^^
Appreciate the attention
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Feb 25, 2009 08:35 pm It depends on the contract, obviously but often it gives the label song protection, because at that point they own it, not you.
Feb 25, 2009 09:15 pm You should consult with an entertainment attorney. The contracts from the labels (and management companies and booking agents and publicists and distributors, etc., etc., etc., etc.) are for covering their asses and assets. Cover yours.
Feb 26, 2009 01:55 am from what ive read, a copyrighted song doesnt mean ****.
People can pretty much do what they want, and do.
there's a fine line between ripping of a song and being able to use it coz its a "little" different.
If you've got the money to take em to court, and wanna risk it, by all means.
Feb 26, 2009 03:10 am Ok, but if I was to sell my album on stores and/or play my music on radio stations at a scheduled routine, would it be a problem if I don't have any protection at all?
And I still don't know any means of protection at international level...
Also, I found out that there's already a band in myspace with the same name as ours but with as many success as we... If I registered my band's name, could I push them away and make them change their name?
Feb 26, 2009 06:34 am all i can say is, i used to play supports for this band years ago and they had to change their name becuase someone else had it in the States.
Im guessing it wouldve gone to court to sort out who had what first.
basicly this kinda stuff was way outta this bands league, as well as not having two cents to rub together.
I guess im reiterating what i was saying before...he has the most coin wins, in this case anyway.
if you have the coin you gotta look at how bad you want the name.
im sure there are a million bands out there with the same name.
Feb 26, 2009 07:46 am Signing to a label is the opposite of protecting your music and name. You are selling it to someone else.
I guess there's two points to be made...
The music is protected by copyright. In the US a 'creative work' is automagically protected as soon as it's put into a 'fixed form' like a recording. International copyright protection is also instantaneous because of various treaties the US has with everyone else. In practice, however, people are still going to pirate you and there is nothing you can do to stop it.
Protecting the band name falls under 'trademark' ..a common law trademark is developed by who first used the name commercially. A useful tool but not legally binding is www.bandname.com/
Feb 26, 2009 09:16 am Copyright laws are archaic, and they have more grey areas than a herd of elephants. As Zek says, as soon as you create something and commit it to some kind of fixed format (like a recording) it is "copyrighted" and you are protected. However, it's not "registered" with the copyright office. You can pay money and do that, which might offer a little more protection (truthfully, not as much as you would think.)
I think your real question has more to do with "Publishing" than with copyright. Whoever holds the publishing rights to your music is the one who makes the money. So...if you sign with a label and they get publishing rights to your music, then you don't get a whole lot, particularly if you had nothing to do with the writing of the songs.
That's why indie music is becoming so appealing and so popular. You keep basically everything. The real thing that major labels can do for you is marketing and distribution. Now, with this cool new thing called the Internet, you can do more of that on your own.
Feb 26, 2009 03:52 pm Ok, now I get it more clearly.
So, lets say another band uses a riff from a song exactly like mine (not those chord progressions everyone uses). I could say "hey, stop playing that because I already got to that part first". They could either recognise that fact or take it to court to prove who got that riff first (if they have the money). In the last case I would have to show some kind of official registration or some kind of proof, in this case a simple recording, that would prove the riff was originally mine. Am I right?
Feb 26, 2009 06:48 pm As mentioned, very gray areas. That's the idea though. It does happen frequently. But it fails frequently also.
Just think if Pachelbel (link to hilarious video of Canon in D follows) was alive today... He could sue almost everyone.
Feb 26, 2009 07:04 pm Get a Lawyer first. And read that fine print thoroughly! You dont want your hit single sold out and playing on a Viagra commercial or some sh!t. In most cases the record company owns alot of the usage rights. Which can be good or bad considering they pay you almost whenever you need it. If they are confident in you. If not your going to be touring for the rest of your life, thats where all the money is. Artist make squat on record sales. i think like 16% in most cases.
Just dont turn into that greedy metal band... oh whats their names...
Metallica. thats the one. B!tching and moaning cause people are sharing their tunes. But its more than that. Its also marketing as well. Metallica has become the Walmart poster child for the Metal genre.
Anyways, besides that. People take stuff from other people all the time. Look at kid rock. He's got that retarded @55 song where he took a sample of sweet home Alabama and Werewolves of London. Wtf?! Your not even from Alabama. I dunno. In either case one would be flattered if its an obvious nod to you, and not some blatant rip off. But if it is a rip off, the only way is to get a Lawyer and take it to court.
Feb 26, 2009 07:10 pm as far as compositions go, melody and lyrics are the only things protectable.
when it comes to 'riffs' they are often treated as chord progressions... because there is a mathematical limit to notes and rhythm... However they usually enter copyright law during argument over authorship...because a riff can be an important component of a songs popularity.
otherwise there would be no techno :)
Feb 26, 2009 08:00 pm Best way. just keep writing, and write killer tunes and that.
record, get it out there, get known, and then when someone ripps off anything of yours, people will be like...
"ah thats ripped off of that other band."(yours)
you make the most valid point of all there Zek...
there are limits to what can be written so its real hard to call anything "yours" exclusivley.
99% chance its been done already.
if you're really creative, you can put riffs or progs. with a medley of other stuff, to put a code on it that is unique.
Feb 26, 2009 08:23 pm I maybe went a little over with that example... Yes, I realize that we're not in the age of invention but perhaps in the age of reinvention.
I guess I don't need to be paranoid about song protection... It's all about doing your music, get it out there and hope that nobody with some common sense would rip off your song and claim it their own.
Thanks all of you for the answers
Feb 26, 2009 09:09 pm Massive, that is one of the funniest music related pieces I've seen in awhile.
Feb 26, 2009 09:16 pm I was at a wedding last June where the ensemble starting breaking in and out of Canon to do a bunch of those tunes - I was cracking up and people near me were wondering why (until I explained it to them and they started picking out the tunes).
Feb 27, 2009 06:45 am I think if you're putting out product that people actually want to steal, you should consider yourself one of the lucky - very - few.
Feb 27, 2009 09:41 am as I recall, not too long ago Guitar Jim had a few things ripped off, mostly notably "Hats off to Beer".
In all fairness though, that song does kick butt.
I really, really, really wish there was a way to get HRC in to the electronic music distribution racket for the members...I've thought about it often, but it just seems like an exercise in futility to go up against iTunes...
Feb 27, 2009 10:56 am Didn't somebody bring up the question of making a HRC label? Even being a small label could at least provide a spring board for us home-recordists. Just having something to enter in the "label" column when submitting music to places like Last.Fm, TheSixtyOne, eMusic, etc. might make it a worth-while venture.
I dunno, I'm just thinking out loud. I don't know the first thing about creating or running a label. But it seems that nowadays every artist that's sold a dozen albums has their own label.
Feb 27, 2009 06:49 pm I believe that was Bleak and myself. Although dB and I have had the convo more then once over several beers.
Its something I have also discussed with a couple of my longtime music related cohorts as to the required backing. I'm more then familiar with the process and the required equipment. And to succeed it would require owning the equipment rather then farming out the process. I even still have local access to vinyl if anyone were to be interested.
So ya, it is a frequaent thought.
Feb 27, 2009 07:37 pm Soul Bass, if you have any specific questions about something that is bothering you please ask. I could prolly give you some information for US, but your questions were pretty broad and not easily answered. If you have a specific situation though, please ask away.
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