Poor mans copyright

Posted by Copyright Law on July 15th, 2009 at 06:43am

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.

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