It will be helpful if a composer can produce evidence to establish when a work was composed should the need arise, perhaps in a court of law for example. Safeguarding copyrights involves 3 processes ...
- Proving authorship
- Proving ownership
1 Proving authorship
In order to establish the copyright, a creator has to be able to demonstrate authorship.
NOTE: It is possible for two works to be very similar without either infringing the copyright of the other, provided that the authors can show that they originated the ideas separately and did not copy the other work.
Here are some ways to prove authorship ...
If someone witnessed you creating the work they can offer witness testimony in a court of law. Make sure they're credible and reliable though!
The new work (published or unpublished) should be registered, as a consequence of membership, with the collecting society through which its use will be administered. If you assign your copyrights to a publisher they will do this for you.
Deposit with an archive repository
Copies should be placed with the relevant statutory repositories, such as ...
- The British Library in London
- Stationers Hall Registry (UK), Stationers Hall, Ave Maria Lane, Ludgate Hill, London, EC4M 7DD Tel (0171) 248 2934
- www.songprotector.com Online composition copyright registration service
Deposit with a bank or solicitor
Many authors and composers choose to deposit a copy of their work, in recorded form, with a solicitor or bank manager and keep a dated receipt.
Send a copy to yourself recorded or registered delivery
Another traditional method of safe-guarding a copyright is to send yourself a copy of the work (manuscript or recording etc) in sealed packaging (a jiffy bag?) through the national post which will then bear a franking mark on the packaging.
2 Proving ownership
Because copyright can be sold (buy-out), or assigned to a company, the current copyright owner may not be the author. In addition to the safeguards outlined above, an owner can do the following ...
3 Enforcing copyright
It's a sad fact of life that no matter how many steps you take to protect your copyrights from piracy, if you do not have the financial wherewithal to enforce them in a court of law your efforts may be in vain.
Here's are some ideas on how to enforce copyright ...
Hire a copyright lawyer
Money no object? Hire a lawyer and go to court in all the countries where your copyright has been infringed.
Use the Musicians Union
If you are a member of the Musicians Union in the UK you will be eligible for some free legal help and advice.
Assign your copyrights to a publisher
You might also consider assigning your compositions to a publishing company who would then act on your behalf in the case of a dispute. Although this requires very little administrative work on their behalf they are unlikely to deal with you unless you agree to let them take between 10 and 20% of your royalties. Despite these reservations it is still worthwhile taking steps to protect your copyrights in any way you can.