Posts Tagged ‘copyright’
I have many friends who are songwriters, and “How to Copyright a Song” is a commonly asked question. Let’s put this question to rest once and for all.
The good news is copyright actually arises automatically upon an author’s or creator’s expression of an idea in an original, fixed form (for example, on paper, CD, floppy disk, etc.). In other words, if you write the lyrics to a song on a candy wrapper, it is a ‘literary work’ and you automatically own the copyright. Another example is if you write the lyrics and the musical notation to a song on a candy wrapper. This would then be a ‘literary and musical work’, and you would own the rights to both – assuming the work was original and not copied.
According to these examples, we can see it is very simple to own the copyrights to your songs. You simply create an original work and put it in a fixed/tangible form (i.e. the candy wrapper example).
The bad news, however, is unless you can prove you are the original creator of the song, you may run into expensive and time-consuming legal problems defending your work in the event someone copies your work. What this means is, just because you automatically own the copyrights to your song, you can’t necessarily prove it.
Fortunately, there are a number of steps one can take to prove you are the copyright owner of the songs.
Firstly, and most importantly, you must put your song into a tangible form (for example, on paper, CD, flash drive, etc.). This is absolutely critical. If you do not have your song in a fixed form, you cannot prove that you own it.
The more I speak with people, the more I realize copyright is a topic that is still commonly misunderstood.
This article is intended to clarify some of the major questions about copyright so people can feel comfortable promoting their work to outside parties.
Tip 1: What is Copyright?
It only seems logical to begin this article by describing what copyright really is. In essence, copyright protects original works from being used without permission from the author or owner of the work. The reason for the protection is to encourage creators to continue with their artistic innovations, which positively impacts the economy.
Copyright is a set of exclusive rights granted to the author or owner of the work for a specific period of time. The rights granted by copyright include:
* producing or reproducing the work or any substantial part thereof
* permitting the reproduction of the work or any substantial part thereof
* performing the work or any substantial part thereof
* publishing the work or any substantial part thereof
* translating the work into other languages, or creating an adaption, such as a novel into a screenplay
The significance of these rights is that the owner of the copyright can control who uses their work. As a result, the creative integrity of the work can be maintained as the owner has control over its use.
Tip 2: How do I Attain Copyright Protection?
The beauty about copyright is that it is automatic the moment you put your original work into a fixed (tangible) form. When we refer to a tangible form it means the work has to be on something physical. In other words, if you simply recite your poem to someone, you do not own the copyright. However, if you write the poem on a napkin, or record yourself reciting the poem, you will own the copyright, and the rights that go along with it.
Patent and copyright law can be difficult for laymen to understand completely. That is why you might need the services of an attorney to help you fill out the paperwork that will protect your patented or copyrighted materials.
Copyright Attorneys
Copyright attorneys might focus on a specific type of copyright law, so it is important to find one that has considerable experience in the issues that impact you most. Some of the attorneys might practice copyright law for music, while others might focus on books, articles, and other types of writing. There are many different types of copyrights that protect the intellectual rights of those who own materials, so it is often best to talk to several attorneys to help you choose one that can give you the services that are best for you.
Patent Attorneys
Getting a patent for your idea or product is an important way to protect yourself from intellectual property theft. If you have tried to patent an idea or product on your own, though, then you have probably discovered how overwhelming and complex it can be. The paperwork alone is often incredibly specific and expects those filling them out to understand patent law. Obviously, most laymen will have a hard time appealing to the patent office without the help of a skilled attorney.
Like copyright, there are many different types of patent law issues. Some of the patent attorneys in your area might have a background in aerodynamics that can help you or your company get a patent on new aircraft products. Others might have backgrounds in chemistry, mechanics, or other subjects that helps them understand the patenting process for that specific type of product and idea. If you can find a patent lawyer who fully understands and appreciates your plans and ideas, then you might have found one that can help you.
It is absolutely essential that all screenwriters looking to profit from their work have an understanding of copyright law. If the legal procedures necessary to protect your work are not undertaken, it will be impossible to prove that your work is your own. Luckily, the proper procedures are easy to understand and execute.
The first fact about copyrighting that any screenwriter should be aware of is a piece of good news – the government is on your side. Under United Kingdom law, any original work is automatically placed under copyright as soon as it is recorded in any form. Thus, by simply putting your work down on paper, whether it be a screenplay, a treatment, or simply an idea, you are instantly protected under copyright law. The idea belongs to you, and it is illegal for any other individual to pass it off as his or her own.
That’s the good news. The bad news is that unless you take further measures, it will be very difficult to prove that this work is in fact your own. For, even though it has been copyrighted, one must still obtain sufficient proof that he or she actually created the work in question.
What methods are necessary to obtain such proof has been a point of contention among screenwriters for years. One long-standing industry rumor claims that all a writer must do to assert ownership over a work is to, upon completion, send a copy to him or herself through the mail. This is false. In reality, further measures are necessary in order to officially register a work as your own.
The Indian Copyright Law under the Indian Copyright of 1957 is the true manifestation of the Berne Convention of Copyrights, of which India is an active member. Moreover, India is also a dynamic member of World Intellectual Property Organization, Geneva. The act was put in place in 1957 by the government of India to protect the interest of pioneers and dreamers.
The Indian Copyright Law of 1957 bans the reproduction of a previously written artistic material or performance rights without prior consent of the owner. The law clearly states that the owner has the sole right on his copyright. The law not only protects works of art from ‘theft’ but also protects dramatic, artistic and musical works along with cinematography films and sound recording.
The use of ‘available material’ without sanction of author for personal profit is illegal and this act breaks the copyright law 1957. There are special copyright attorneys in India that can help you in the case of any possible violation. Violation of copyright law 1957 is an offense and is punished likewise. However there are some cases where the law cannot be enforced. If the theme is the same, but it is presented as a new work with no reference to the original one, there is no violation of the law.
You will get the best results if you take help, in case of any violation, of trained copyright lawyers. Moreover there are a number of agencies in India offering copyright services, and can help you in case of any breach of intellectual property. Many pioneers create a copyright management system in which they protect their online data using passwords and registration. However be careful that you hire a reputed Indian attorney for your work.