Recording - March 2010 - 34

At the end of the copyright term the work falls into the “public domain”, which makes the work available for use by anyone. Once a work is in the public domain there is no legal requirement to seek the creator’s permission or pay to him or her for your use of his or her work. It is important to note that, except for certain foreign-originated works eligible for restoration under the U.S. Copyright Act, once a work is in the public domain it cannot be recaptured by the copyright owner or his or her heirs. B. Works Created For Another – Works Made For Hire Under the U.S. Copyright Act, a “work made for hire” is defined as: A work prepared by an employee within the scope of his or her employment; or A work specially ordered or commissioned for use as a contribution to a collective work3, as part of a motion picture or other audiovisual work, as a translation, as a supplementary work4, as a compilation5, as an instructional text, as a test, as answer material for a test, or as an be seen or read, either directly (such as sheet music) or with the aid of a machine (such as a compact disc). The copyright notice should contain three (3) elements: ~ The letter c in a circle (©) or the word “copyright” or the abbreviation “copr.”; and ~ The year of first publication (i.e., the distribution of copies of your work to the public by sale or transfer of ownership, or by rental, lease or lending); and ~ The name of the copyright owner. Example: © 2010 Todd M. Gascon Although this notice is appropriate for the majority of works protected by copyright, it is not the correct notice for phonorecords (e.g., vinyl LPs, compact discs, cassette tapes). The copyright notice for phonorecords embodying a sound recording is different from that of other works. Sound recordings are defined under the U.S. Copyright Act as “works that result from the fixation of a series of musical, spoken or other sounds, but not including sounds accompanying a motion picture or other audio-visual work.” Copyright in a law until the work has been registered with the Copyright Office. There are a number of benefits you receive when you formally register your copyright. In particular, you may be able to get an injunction, which is a court order prohibiting the infringer from making any further use of the infringing work. You may also be able to recover “statutory damages”; damages that a court may award you even if the infringer did not profit from his or her wrongful acts. The amount of statutory damages may vary from a minimum of $750 to $100,000 for a single act of infringement. Please note that this is per act of infringement and not the number of copies of the infringing work. For example, if someone manufactured 5,000 compact discs with your song on it without your permission this would be one act of infringement, not 5,000 acts. Finally, you may be able to recover your attorneys’ fees if you succeed with your copyright lawsuit. In order to register your copyrights, you will need to provide copies of your work with the Copyright Office, pay a nominal filing fee and complete the appropriate registration form, which you can download from the U.S. Copyright Office website located at the following URL: www.copyright.gov/forms. If you have any questions or need assistance registering your creative works, I would Although the familiar “C in a Circle” symbol is an appropriate notice for most works protected by copyright law, it is not the correct notice for phonorecords—sounds recorded on LP, CD, or tape. atlas, if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire. If the work was created as a work made for hire, it is the employer or commissioning party that is the copyright owner—not the individual that actually created the work. The duration of copyright for a work that was created as a “work made for hire” lasts for a period of 95 years from the year of the work’s first publication6 or a period of 120 years from the year of the work’s creation, whichever period expires first. 6. Is it necessary to include a copyright notice on a work? Although the use of a copyright notice is no longer required in the United States, it is still beneficial to use and something I recommend. The copyright notice should be used for copies of your work that canRECORDING MARCH 2010 sound recording protects the particular sounds fixed in the recording against unauthorized reproduction, revision and distribution. It is important to understand that the sound recording copyright is separate and distinct from the copyright of the musical, literary, or dramatic work that may be recorded on the phonorecord. The copyright notice for sound recordings should contain the following three elements: ~ The letter P in a circle ( P ); and ~ The year of first publication of the sound recording; and ~ The name of the owner of the sound recording copyright. Example: P 2010 One Louder Records 7. How do you register a copyright? As I mentioned earlier, once you create a work in a tangible form your work is protected by copyright. However, you do not have the benefit of the Federal copyright recommend calling the Copyright Office at 202/707-5959. Next time, Bruce and I will discuss the practicalities of registering copyright from the musician’s point of view. Thanks for reading. Todd Gascon is a technology and entertainment attorney at ZentLaw in Sunnyvale, California. Mr. Gascon’s practice is focused in the areas of intellectual property law, including copyrights and trademarks, with a particular emphasis on digital media, music, motion pictures, visual arts and all entertainment issues relative to the Internet. For more information on Todd and ZentLaw, visit www.zentlaw.com. Bruce Kaphan is a producer/engineer/ musician/composer who currently lives in the San Francisco Bay Area. For a discography and more information on Bruce, visit www.brucekaphan.com.
http://www.copyright.gov/forms http://www.zentlaw.com http://www.brucekaphan.com

Recording - March 2010

Table of Contents for the Digital Edition of Recording - March 2010

Recording - March 2010
Fade In
Talkback
Fast Forward
Become A Recording Songwriter
When You’re The Band
Cakewalk V-Studio 100
The Evolution Of A Song
Blue Bottle Rocket Stage Two
Demoitis—An Epidemic That Affects Recording Songwriters
It’s Your Music—Know Your Rights.  Chapter 1: Copyright
For Your Bookshelf
Audio-Technica AT2035
Readers’ Tapes
Plug-in Outlet
Recording’s Guitar Column
Recording’s Vocal Column
Once Over—Reviews In Brief
Advertiser Index
Fade Out
Recording - March 2010 - Recording - March 2010
Recording - March 2010 - Cover2
Recording - March 2010 - 1
Recording - March 2010 - Fade In
Recording - March 2010 - 3
Recording - March 2010 - 4
Recording - March 2010 - 5
Recording - March 2010 - Talkback
Recording - March 2010 - 7
Recording - March 2010 - Fast Forward
Recording - March 2010 - 9
Recording - March 2010 - Become A Recording Songwriter
Recording - March 2010 - 11
Recording - March 2010 - 12
Recording - March 2010 - 13
Recording - March 2010 - 14
Recording - March 2010 - 15
Recording - March 2010 - When You’re The Band
Recording - March 2010 - 17
Recording - March 2010 - Cakewalk V-Studio 100
Recording - March 2010 - 19
Recording - March 2010 - The Evolution Of A Song
Recording - March 2010 - 21
Recording - March 2010 - 22
Recording - March 2010 - 23
Recording - March 2010 - 24
Recording - March 2010 - 25
Recording - March 2010 - Blue Bottle Rocket Stage Two
Recording - March 2010 - 27
Recording - March 2010 - 28
Recording - March 2010 - 29
Recording - March 2010 - Demoitis—An Epidemic That Affects Recording Songwriters
Recording - March 2010 - 31
Recording - March 2010 - It’s Your Music—Know Your Rights.  Chapter 1: Copyright
Recording - March 2010 - 33
Recording - March 2010 - 34
Recording - March 2010 - 35
Recording - March 2010 - For Your Bookshelf
Recording - March 2010 - 37
Recording - March 2010 - Audio-Technica AT2035
Recording - March 2010 - 39
Recording - March 2010 - Readers’ Tapes
Recording - March 2010 - 41
Recording - March 2010 - 42
Recording - March 2010 - 43
Recording - March 2010 - 44
Recording - March 2010 - 45
Recording - March 2010 - Plug-in Outlet
Recording - March 2010 - 47
Recording - March 2010 - 48
Recording - March 2010 - 49
Recording - March 2010 - Recording’s Guitar Column
Recording - March 2010 - 51
Recording - March 2010 - Recording’s Vocal Column
Recording - March 2010 - 53
Recording - March 2010 - Once Over—Reviews In Brief
Recording - March 2010 - 55
Recording - March 2010 - 56
Recording - March 2010 - Advertiser Index
Recording - March 2010 - 58
Recording - March 2010 - 59
Recording - March 2010 - 60
Recording - March 2010 - 61
Recording - March 2010 - 62
Recording - March 2010 - 63
Recording - March 2010 - Fade Out
Recording - March 2010 - Cover3
Recording - March 2010 - Cover4
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