Re: Legal Procedure

From: <wintera[_at_]pepperlaw.com>
Date: Mon, 14 Dec 1998 9:50:22 -0500

On 12/14/98, Patty Hadley <patty2[_at_]qnet.com> wrote:
>
> I've been lurking for a while now & need to know the proper way to go
> about getting a song copyrighted. My husband writes & records his own
> music but as yet has to send in anything in for publication.
>
> I was hoping someone could steer me in the right direction so we could
> do it right the first time.

Patty:

If you are in the United States, then, under U.S. copyright law, copyright exists as soon as a copyrightable work is "fixed" in a "tangible medium of expression.", i.e., written down, recorded on tape, etc. Thus, registration is NOT required in order to "get" copyright.

However, registering the copyright with the U.S. Copyright Office is necessary, and therefore considered advisable, to preserve certain important rights under the copyright statute in the event that the copyright is infringed and the copyright owner sues the infringer in federal court. One right is to choose statutory damages if one has not suffered any "real" damages (e.g., income) due to the infringement. Another benefit is that the copyright owner may ask the judge to order the infringer to pay the copyright owner's attorney costs. These benefits are an important deterrent against infringement but are only available if the copyright in the infringed work was registered BEFORE the infringement began. If the copyright is registered AFTER the infringement began, it would be too late to get these benefits.

I am providing this purely for informational purposes and not as legal advice. More information on United States copyright law in general, including various informational circulars, as well as copies of the various forms to register a copyright, instructions on how to fill them out, etc. are available at the U.S. Copyright Office's web site:

   http://lcweb.loc.gov/copyright/

If you don't have access to the Internet, the Copyright Office can also be reached as follows (this is taken from the Copyright Office's web site):

• * * HOURS OF SERVICES AND LOCATION

Welcome to the Copyright Office Automated Information Service. The U. S. Copyright Office, a department of the Library of Congress, is located at 101 Independence Avenue, S.E., in Washington, DC, convenient to the Capitol South Metro station on the Blue and Orange lines. Our mailing address is:

   U.S. Copyright Office
   Library of Congress
   101 Independence Ave., S.E.
   Washington DC 20559-6000

Visitor Information, including maps, accommodations, tours, etc.

Our hours of public service are 8:30 a.m. to 5:00 p.m., Eastern time, Monday through Friday, except legal holidays. During these hours you may telephone the Copyright Office at (202) 707-3000 to speak to one of our copyright information specialists. After hours, you may access prerecorded information messages on this number. If you simply want to order Copyright Office publications or application forms, and you know which ones you need, you may leave a recorded request 24 hours a day at (202) 707-9100.

The Copyright menu provides access to other resources relating to copyright available through the Internet. Our intent is to make these resources accessible for informational purposes only.

The Copyright Office and the Library of Congress bear NO responsibility for the quality of information provided through other sites and computer systems.

If you have suggestions for links to copyright related resources or for improving this menu, please contact the U.S. Copyright Office.

• * *

U.S. Copyright Office information is also available at so-called "depository libraries" around the country, which carrt government information and materials. One place to start to find out of there is such a library one near you is to call the U.S. Government Printing Office at 1-202-512-1530 or toll free at 1-888-293-6498 (or just ask you own local library for help, where you might also be able to get on the Internet to access the Copyright Office's web site if you have no other way of doing so).

The information from the U.S. Copyright Office might be all you need on basic copyright issues, but if you still want to speak with a lawyer, various cities have organizations that provide volunteer legal services to the artistic community, e.g., "Philadelphia Volunteer Lawyers for the Arts." One way to find out if there is such an organization in your community or to find a lawyer generally might be to contact the bar association for the county in which you are located (look in the phone book under "[Name of County] Bar Association").

Good luck.

Arnold W. Winter
PEPPER HAMILTON LLP
1235 Westlakes Drive, Suite 400
Berwyn, PA 19312-2401
U.S.A.

Voice: (610) 640-7802
Fax: (610) 640-7835
Email: wintera[_at_]pepperlaw.com Received on Mon Dec 14 1998 - 15:03:27 GMT