Posts Tagged ‘work’
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.
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.