Copyright Law Blog

Free Music Downloads

August 14th, 2009 at 12:42pm Under music copyright

While downloading music is one of the most popular online activities, besides social networking and playing games, there is a lot of information that is not made available to the public at large.

There are a number of serious issues that should be understood when downloading music (which most people overlook) and there are also ways to obtain free music that are simply unknown by the majority of people online.

This is very important when considering the growing trend by the large music companies, of suing individuals who infringe on their copyrights. Court records show a large number of out of court settlements, with fines ranging from $3000 to $5000, and maximum awards in excess of $250,000.

As if the fines and legal issues where not enough of a problem now there is the added danger of downloading music imbedded with spyware and viruses. The need to be cautious in your quest for free downloadable music is evident.

Having access to free music download files means that you can enjoy as much music as you want in your own home whenever you want it. You will find that many musicians are now freely giving away their music as a way to promote themselves and their bands. The concept of free legal downloads means that you have permission from the author or creator to download their intellectual property.

Free music downloads have surged in popularity since the emergence of the Internet and even more so in the last few years. With the advent of iTunes, the mass population has become more accustomed to buying their music from the Internet in the form of single track downloads from membership websites. No longer is it necessary to purchase an entire album when you really only want a single track.

A huge shift occurred and people have moved toward digital media for the ease of use and speed of acquisition that it offers. As such, more and more people have begun to search the Internet for music rather than going to the local record shop.

You can find and use free and legal music downloads from a number of sources and in a number of ways. The key is to be aware of the dangers and also to know what you can use legally and what will get you into trouble.

Trademark Your Band Name

July 31st, 2009 at 06:43pm Under trademark law

www.music-law.comtakes the guesswork out of trade marking your bands name. If you have a unique name that you want associated with your music, then you should take steps to protect that name, because as you grow and succeed, that name will epitomize you.

They go on to say:

The two key concepts involved in “protecting” the name of a band are “territory” and “priority”. Territory means the area where you use the name, e.g., Chicago, Illinois, Mid-West, United States, world-wide, etc. Priority, as the word implies, involves who uses the name first. These two concepts work together to limit the scope of protection for a name.

If you started using your name first, you can prevent others from using it. However, the law allows you exclusive use of the name only in the area where you have used it. For example, if you started playing the Chicagoland area in 1989 and never played or distributed music outside the Chicagoland area, you could not prevent a band from using the name in Florida. However, they could not use the band name in Chicagoland since you were the first to use the band name there. You also may acquire the rights to your name for Chicago in 1989 and nation-wide in 1992 when you release your first record for a major. If someone started using your name in another part of the country in 1990, you could not prevent their use in their territory since they have priority in that area.

A famous case involved two bands both performing under the name, “Flash”. The first was a small band in San Francisco who had never recorded a record and the second was an English band that had a major label deal. Since the San Francisco “Flash” was a prior user in that area, the English “Flash” was not allowed to sell albums in the Bay area.

Before investing money in the name of your band, you should investigate whether anyone else is already using the name. If someone is already using your name, as explained above, they have priority in their territory.

This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com

Poor mans copyright

July 15th, 2009 at 06:43am Under music copyright

It is often bandied about that all you have to do is to place your manuscript or recording into an envelope, seal it and mail it to yourself. This supposedly uses the US Postal Service as the official government agency to certify that what is contained within the envelope is truly your material. This has been proven to be weak at best. Assuming that everything works according to the theory, the best you could do is prove prior ownership, maybe get a cease and desist order, but it’s doubtful you would ever see any money.

According to the US Copyright office you will have to register your music with them, if you wish to bring a lawsuit for infringement of a U.S. work. Registering with the copyright office also records your copyright publicly and provides you with a certification of registration. Should some nefarious beings abscond with your creation, and you have successfully obtained a copyright, you may be entitled to statutory damages and recoup attorney fees in a court of law. Without that piece of paper, you will most probably lose, or at least not recover any monetary damages.

Will a Copyright Protect Me in Other Countries?

The United States has reciprocal agreements with other nations with regards to copyright enforcement, but not with every country. While we respect the copyrights of others, they may not respect ours. This is the nature of the business you are entering into.

Make sure you have the right to ownership.

If you created your music solely on your own then you can file for copyright with you as the creator. If you were part of a group or had collaborators, then those parties may also have a legal interest in the copyright. If you have any doubts about ownership of your works, then it is best to seek the advice of an attorney who specializes in copyright law. A little effort on your part in the beginning to make sure that your rights and interests are fully protected to the extent the law allows, the smoother sailing you will have.

This Information is Brought to You By “EZ Record Deal”, the ultimate guide to getting a record deal. Visit EZ Record Deal now by going to www.EZRecordDeal.com