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Author Topic: Copyright and the Drummer  (Read 810 times)
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clearseawater
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« on: January 22, 2002, 04:04 PM »

Do any of you guys worry about your work being misused by others. Mike Timms said to me that Bozzio cant even copyright his work.....he could if he composed his work on another instrument.

What are your thoughts and do any of you worry that some of your work you put on the Net will be tampered with and used by others without your say so ?

Is the law on copyright different if you put your work on the Net for all to see and hear ? :-/

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« Reply #1 on: January 22, 2002, 04:28 PM »

I've written an brief article called Copyright Law - Learn the Basics. Perhaps you already read it and that's what inspired you to start this thread.

Once something is performed publicaly (even a drum solo), it automatically becomes property of the performer; whether or not they take the type to copyright it or not. The have been numerous cases of copyright infringement over the Internet, and the laws have been withheld ... so I'm personally not to worried about. I make a point to NOT but all my "good stuff" on the Internet. Even these 5-Minute Lessons that I do are not that intense; I stay very basic. I've got a family to feed, and just giving away my knowledge and experience for free doesn't really pay the bills.

Music is copyrighted, but it hasn't stopped Napster very well. The fact that the courts are still messing with it leads me to believe nothing is safe. My philosophy is this .... Whatever you do, do it quickly. Sell it like there is no tomorrow because as soon as the masses get a hold of it, someone will be devising a way to rip you off. It's sad to think like this I know, but that's the way the world has gone. People of integrity are a rare, rare breed.
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rlhubley
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« Reply #2 on: January 24, 2002, 06:36 AM »

I don't understand why Bozzio could not copyright his compositions.  They are legitimate compositions.  I've seen other percussion music that is copywritten, such as percussion ensemble, snare drum solos, mallet music, drum set pieces, I've even seen bass drum pieces that are copywritten.  John cage has a piece(actually I think he has a few) that actually do not have one note written on the entire piece.  

I would like to understand why Bozzio couldn't corpright his material.  Honestly, I serioulsy doubt Bozzio would not protect his music.  He is a smart musician, and learned from a genius, Zappa, who knew all of the laws on this type of thing.
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clearseawater
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« Reply #3 on: January 24, 2002, 03:15 PM »

Im only passing on what Mr Timms said to me....I cant prove it either way but it was something that cropped up in a similar discussion I had with him about copyrighting my work to place on the NET so I could feel confident that somebody isnt going to grab it and use it without my permission. I thought it was strange but it is what he said and he is into Bozzio big time.

I have to say that Im begining to believe that everythings up for grabs now....I JUST CANT UNDERSTAND PEOPLE....

But should it put me off having some kind of web presence ? Havnt decided yet.
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Misenko
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« Reply #4 on: January 27, 2002, 02:21 AM »

Hey! I'm not that great on legality or anything, but I'm just wondering if the band I'm in wanted to put some of our stuff onto a website we were making, would we be able to protect our stuff? Our guitarist is very paranoid about people stealing our material, and I always brushed that aside, and never worried about it, but this thread has got me thinking. I used to love Napster and all the otehr file sharing things, but now that I am in the position to have my own material used without my permssion, then I get a whole new perspective on it!

Misenko
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Bart Elliott
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« Reply #5 on: January 27, 2002, 06:45 AM »

I would recommend that you Copyright your material if you are concerned about it. If the song is good enough that you want to maintain your rights to it, you should copyright it.

Recording the material is the first step, which you've already taken. The next step is to have sheet music of your song. This can be anything from just a lyric sheet with the chord symbols written above it ... to full notation, complete with melody and rhythm lines notated.

If you go to http://www.copyright.gov you find the forms that you will need to fill out and send with a copy of your recording and the sheet music. For sound recordings you would need Form-SR; be sure to download the Instructions as well. Filing fee is $30 ... and they used to let you send several songs on one form for the $30; I don't know if they still do that or not.

If you've got a sound recording of your music, you've already got evidence that you recorded (and composed) the music ... so if anyone steals it, you can prove you had it first.

Some people do what is called a Poor Boy Copyright in which the pack the music (CD & sheet music) and send it to themselves via Registered Mail. When they receive their own package, they take that package and pack it into yet another package and send it to themselves again. The point in all of this is that you don't open the envelopes and that you keep the stamped seal on the packages to show that the material inside was created on or before the date on the package.
NOTE: I've heard that this method no longer holds up in a court of law; but I could be wrong.

Unless you've got a bunch of songs, the normal Copyright procedure is cheaper; US Registered Mail isn't cheap!
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Misenko
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« Reply #6 on: January 27, 2002, 09:13 AM »

Thanks for the advice Bartman! I think we should start to copyright our stuff, before we stick it on the website (when we get the thing made! lol) Some of its not too bad, and It would suck if people stole it!

Misenko.
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James Walker
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« Reply #7 on: January 27, 2002, 09:50 AM »

(Let me preface this by stating that I'm not an attorney specializing in Copyright Law - I'll gladly defer to anyone who is, or who offers information obtained directly from such an attorney.)

Quote
I would recommend that you Copyright your material if you are concerned about it. If the song is good enough that you want to maintain your rights to it, you should copyright it.

I don't remember if you've mentioned this in the other thread, Bart, but as soon as something is in a fixed form, the creator owns the copyright (if it's a "work for hire," like writing a jingle for McDonalds, then the McDonalds corporation owns the copyright as soon as the material is in fixed form...but that's a whole other tangent.)

The registration of materials with the Copyright Office in Washington DC has to do with being able to prove ownership of copyright.  As I understand it, according to a friend of mine who worked in the Copyright Office at the Library of Congress for about a dozen years, the registration of your copyright really "hits the fan" when a copyright case reaches Federal court.  At that point, the judge will simply ask for proof of copyright, and whoever registered the piece with the C.O. will win the case, end of discussion.

Quote
If you go to http://www.copyright.gov you find the forms that you will need to fill out and send with a copy of your recording and the sheet music. For sound recordings you would need Form-SR; be sure to download the Instructions as well. Filing fee is $30 ... and they used to let you send several songs on one form for the $30; I don't know if they still do that or not.

Yes they do, at least the last I heard.  Simply collect the songs and give the collection a single title.  Could be anything:  "Songs Jim Wrote on Tuesday Afternoon" - but you'll register the copyright on the whole collection, and you'll protect the individual songs in the process.

It was also recommended to me by my friend at the LOC that for the tunes I wrote for my first CD, that I simply register the CD with the Copyright Office - that not only protects the songs themselves, but also the arrangements that I used, and anything else unique to those performances - for instance, if there was a great line that I played during one of my solos, someone couldn't take that and make their own song.

Quote
If you've got a sound recording of your music, you've already got evidence that you recorded (and composed) the music ... so if anyone steals it, you can prove you had it first.

You'd have to prove when the recording was made; otherwise, someone could obtain the songs (via your recording or otherwise), and either register the recording with the Copyright office, or (more likely, IMHO) create lead sheets and submit them for registration.  Then, when it gets to Federal court, once again the registration of the Copyright with the LOC trumps all else.

Quote
Some people do what is called a Poor Boy Copyright in which the pack the music (CD & sheet music) and send it to themselves via Registered Mail. When they receive their own package, they take that package and pack it into yet another package and send it to themselves again. The point in all of this is that you don't open the envelopes and that you keep the stamped seal on the packages to show that the material inside was created on or before the date on the package.
NOTE: I've heard that this method no longer holds up in a court of law; but I could be wrong.

Rather than repeat my comments regarding Federal court, I'll just say that as far as I know, this method won't hold up in Court.  At least, I wouldn't bank on it - YMMV.

To close,here's the usual Internet disclaimer:  don't get all of your legal advice from the Internet, and certainly not from me!  If you're not sure, spend a couple of hundred bucks to consult with an attorney who specializes in Copyright law - it'll be a great investment if you plan to continue in the music business.

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« Reply #8 on: January 27, 2002, 09:58 AM »

Quote
I don't remember if you've mentioned this in the other thread, Bart, but as soon as something is in a fixed form, the creator owns the copyright (if it's a "work for hire," like writing a jingle for McDonalds, then the McDonalds corporation owns the copyright as soon as the material is in fixed form...but that's a whole other tangent.)

Yes, I discussed this in my 5-Minute Lesson on the Basics of Copyright Law

Quote
Rather than repeat my comments regarding Federal court, I'll just say that as far as I know, this method won't hold up in Court.

Yes, I mentioned that too in my previous post; the one you quoted from.  Grin

Thanks James for your insight!

There was some discussion on this regarding another thread about Drummers Copyrighting their Music, in which I basically said that the Law states that once you create something ... it's yours. The matter comes down to proving that it's yours IF there is some question about it.

All of this goes with Trademarks as well. You don't have to register them ... but it sure helps if you wind up in court.
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clearseawater
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« Reply #9 on: January 27, 2002, 10:20 AM »

Ive been worried about copyright for ages as it does seem that people can and do get away with...what is..theft. The advice that you gave Misenko is great BUT he lives in the UK and I feel that he really should contact similar companies in this country because there may be slight differences to the law. The UK is the same as far as if you created it..you hold the copyright but sadly I feel that there maybe loopholes that weaken that fact......The American and British loopholes maybe different and we all know how SLIMEY LAWERS can be.
Dont quote me on this...but at one stage, in the eightys I think, the sampling of so many peoples work got so bad that it was allowed to sample up to 14 seconds of somebody elses work and get away with it. Yes....I know I could be wrong about that last thing but it has kind of drilled itself into my memory. If I give yo another example....My dad was a mechanic and in his spare time he was a bit of...well..an inventor. He designed a new way for a four-stroke engine to breath better and produce far more bhp without turbos or supercharging. Well, he had contacts with both Ford and General Motors and all I can tell you is is that the guy at Fords told my father that if his design worked there wasnt anyway no copyright ect could stop them from having it..This even now has put my dad off doing anything about his idea......IT DOES MAKE YOU THINK !
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Misenko
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« Reply #10 on: January 27, 2002, 11:22 AM »

Yeah, I was wondering about there being differences in the UK to th US....hmmm, I guess its something that the band is going to have to look into! lol, after reading this thread I can now totaly sympathise with our guitarist paranoia! Thanks for the advice everyone, Its an interesting topic! lol, maybe I should go to a lawyers forum and get a few of them here......or maybe not!  Grin

Misenko.
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Dark Drummer
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« Reply #11 on: August 12, 2002, 11:32 PM »

musically I think a band is entitled to copyrights because its their form of art.  lets see if I kan say this with out getting jump all over I think once a drummer puts his stuff out it should be able to be used by other drummers. ie..a drummer comes up wihta phat new groove or a rythm that has never  been seen or even thougth of before if u kould kopy right it and make it so no one kould use it then drumming wouldnt advance..but this whole thing of copyrights isnt very klear cut there are a lot of gray areas and what if's involved
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