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Copyright

  • 14-04-2011 8:23am
    #1
    Registered Users, Registered Users 2 Posts: 66 ✭✭


    Hi there
    We have just finished recording our songs and are in the process of promoting them over the internet etc.
    Don't know much about Copyright, but I guess it is something we need to look into asap?
    I know if IMRA in Ireland, but not sure how to go about it. If anyone has had first hand experience, pls shout!


    Any advice please?

    THANKS!!!:D


Comments

  • Closed Accounts Posts: 6,151 ✭✭✭Thomas_S_Hunterson


    IANAL but:

    You automatically own the copyright, there is nothing you need to do.

    For the purposes of proving you own the copyright, I believe it is sufficient to send yourself copies of your material by Registered Post and leave it sealed until you, if needed, produce it in court.


  • Registered Users, Registered Users 2 Posts: 7,790 ✭✭✭PaulBrewer


    Talk to IMRO - there are a lot of old wives tales regarding copyright.


  • Registered Users, Registered Users 2 Posts: 880 ✭✭✭Paolo_M


    http://www.patentsoffice.ie/en/copyright_whatis.aspx

    These guys are also worth contacting.


  • Registered Users, Registered Users 2 Posts: 281 ✭✭Chloroplast


    IANAL but:

    You automatically own the copyright, there is nothing you need to do.

    For the purposes of proving you own the copyright, I believe it is sufficient to send yourself copies of your material by Registered Post and leave it sealed until you, if needed, produce it in court.

    this method don't really work any more .in most court cases it will be discredited.given that your copyright exists on creation, and that an envelope's seal can be carefully unsealed and resealed, this method seems convoluted.


  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    For the purposes of proving you own the copyright, I believe it is sufficient to send yourself copies of your material by Registered Post and leave it sealed until you, if needed, produce it in court.

    This is not valid advice. To show copyright you have to proove that the person violating your copyright had a chance to hear your piece.

    Locking it away in a sealed envelope means that they "just happened" to do something "similar." It does not proove copyright violation.


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  • Registered Users, Registered Users 2 Posts: 5,672 ✭✭✭seannash


    This is not valid advice. To show copyright you have to proove that the person violating your copyright had a chance to hear your piece.

    Locking it away in a sealed envelope means that they "just happened" to do something "similar." It does not proove copyright violation.
    So would posting it on a site like soundcloud mean there is a record of creation and also that they had access to hearing it


    To be honest your worrying about nothing,Id imagine those days are long gone.


  • Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭Neurojazz


    seannash wrote: »
    So would posting it on a site like soundcloud mean there is a record of creation and also that they had access to hearing it


    To be honest your worrying about nothing,Id imagine those days are long gone.


    The license is set as soon as you upload - it's automatically set to your favor and rights - you can choose to make it publiic domain if you want also. You are protected yes - but local law may vary.


  • Registered Users, Registered Users 2 Posts: 7,790 ✭✭✭PaulBrewer


    Anything we can have a listen to Virgo ?


  • Moderators, Category Moderators, Music Moderators, Politics Moderators, Society & Culture Moderators Posts: 22,360 CMod ✭✭✭✭Dravokivich


    seannash wrote: »
    So would posting it on a site like soundcloud mean there is a record of creation and also that they had access to hearing it


    To be honest your worrying about nothing,Id imagine those days are long gone.

    Don't limit to 1 source.

    you need to show you had it out there and making it's presence known. 1 link is not viable, it would be no different then mailing it to yourself.

    You would need to show indefinately that there was a way for them to come across your material. Distribuition of Demos in an area they would likely be around... Publishing of CDs... Air time on the radio...

    the onus would be on you to show it. If you can't, you won't be able to claim your copyright has been violated.


  • Registered Users, Registered Users 2 Posts: 5,672 ✭✭✭seannash


    Do people genuinely need to be worried about this in this day and age?


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  • Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭Neurojazz


    seannash wrote: »
    Do people genuinely need to be worried about this in this day and age?


    I know that if your material gets signed that they need to know that the copyright is established and clear who the owners are.

    Then when infringements happen they can pursue thoroughly until they get stuff pulled or stopped. The larger the potential earnings, the more aggressive they will act to secure the representation and income (basically making sure that the focus is on their product and not other forms)

    I'd probably take legal/official advice when you have something in your hands that you know is a winner - or planning on investing in. Most labels would secure the copyright for you (and make sure it's yours) - but even that can backfire in the small print. People send me contracts that are purely malicious and work on taking rights away in subtle ways (or a cut of them).


  • Registered Users, Registered Users 2 Posts: 1,731 ✭✭✭11811


    PaulBrewer wrote: »
    Talk to IMRO - there are a lot of old wives tales regarding copyright.

    Funnily enough IMRO seem to recommend the registered post method of copyrighting. Which I thought to be an old wives tale...:confused:

    http://www.imro.ie/node/686


  • Registered Users, Registered Users 2 Posts: 1,892 ✭✭✭madtheory


    Not quite, there's a little more to it than just posting it to yourself, as shown in the link:

    There is no actual system for copyrighting a work of creativity. Copyright automatically subsists by virtue of an original work being produced in material form...

    And a key point:
    5. Keep the envelope in a safe place (e.g. your solicitor's office or a bank).

    But I do think that the advice IMRO give above is very basic textbook stuff, and not what you'd get from a solicitor specialising in music. It's better to get off your ass and phone/ meet someone from IMRO, especially given that the issue is developing every day.

    A look at court transcripts in copyright cases will show that you need a lot more evidence than that to prove ownership conclusively. There's no point in sending it to yourself and doing nothing else with it- you should be gigging and promoting the song, setting up a label, getting distribution deals, publishing etc. basically getting it out there. Then if it ever arises you can present a paper trail and witnesses.


  • Registered Users, Registered Users 2 Posts: 66 ✭✭Virgo80


    Thanks all
    I'll contact IMRO and see what their advice is.


  • Registered Users, Registered Users 2 Posts: 66 ✭✭Virgo80


    PaulBrewer wrote: »
    Anything we can have a listen to Virgo ?

    I've PM'd you a link to our music!
    Didnt think I was supposed to 'advertise' on this section...

    :-)


  • Registered Users, Registered Users 2 Posts: 66 ✭✭Virgo80


    Virgo80 wrote: »
    I've PM'd you a link to our music!
    Didnt think I was supposed to 'advertise' on this section...

    :-)

    Hey did you manage to have a listen? what did you think?:D


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