SoundCloud and Copyrights

[Nibiru]

Hey all!

Simple but not so simple question that I'm having some what of a hard time getting a definitive answer to...here it is: When posting new music on SoundCloud that's not been released or copyrighted, does one still have rights/protection? I'm assuming it's still required and advantageous to register works with the Library of Congress? Has anyone here had any issues with this yet? Just looking for recommendations as I just joined Facebook, SoundCloud and Instagram recently and remember hearing things like, "whatever you post it's the public's now to do what they please".

Any thought and opinions are very welcome and greatly appreciated!

[billf]

I just joined Facebook, SoundCloud and Instagram recently and remember hearing things like, "whatever you post it's the public's now to do what they please".

I seriously doubt any copyright attorney would agree with that.

[mikehalloran]

Disclaimer: I work in the field of Copyright but I am not an attorney nor am I practicing law. My advice is worth exactly what you are paying for it. Online is the worst of all possible places to get this information. People treat their opinions as fact and you never know who is answering nor how knowledgable—that includes me. If you want legal advice, consult an attorney.

It depends who can access your link.

You need to learn the difference between the rights you have regarding your unpublished works vs published works. A published work is any that is made available to the public. Unpublished works include demos. The rights are different and, if not considered, lack of knowledge can be costly.

You do not need to register Unpublished works with the LOC (Library of Congress Copyright Office) but doing so establishes date of creation and, since you can register many on one form, it's cheap.

You lose certain rights to your unpublished works the second they are published including the right to the first recording. Uploading to a public Soundcloud account, FaceBook or YouTube is making your work available to the public. Likewise, selling your CD at a gig is publishing.

In the US, Published works must be registered with the LOC to protect your rights. If you fail to do this properly, you can restore your rights but only to the date on your Copyright certificate—backdating isn't allowed. Do you have to register? Well, no... unless you want the ability to enforce your rights, then yes. You need to learn the difference between Forms PA and SR, when an SR can be used as a PA and most importantly, when it can't (this is usually misunderstood and that can be quite costly). Doing this properly is covered below:

I recommend investing in your education. All of these are written by top entertainment attorneys. Don't ask which is best—read all three. Besides print, they're all available in Kindle editions as well. The Passman and Brabecs' are considered the bibles on this; the Thall is brand new as of last week (I'm reading it now).

What They'll Never Tell You About the Music Business, Third Edition: The Complete Guide for Musicians, Songwriters, Producers, Managers, Industry Executives, Attorneys, Investors, and Accountants Paperback by Peter M. Thall (Author)
https://www.amazon.com/gp/product/16077 ... UTF8&psc=1

All You Need to Know About the Music Business: Ninth Edition Hardcover by Donald S. Passman
http://www.amazon.com/Need-Know-About-M ... 1501104896

Music Money and Success 7th Edition: The Insider's Guide to Making Money in the Music Business Paperback by Jeffrey Brabec (Author) , Todd Brabec (Author)
http://www.amazon.com/Music-Money-Succe ... 0825673690

[mikehalloran]

Seeing that this is Music Business, I imagine that James will probably move this thread.

[Gravity Jim]

Here. This is everything, and it has the added advantage of being true:

http://copyright.gov

[mikehalloran]

Here. This is everything, and it has the added advantage of being true:

http://copyright.gov

I thought about including the link except that it doesn't answer the OP. The books do.

[terrybritton]

Just to add one nice bit of info - if you have a boatload of songs you want to copyright, look into using a "Collection" copyright. It allows you to do a ton of songs on the same form, for one application fee. I do not think there is a limit to how many you can add to the "CON" form you attach. So, definitely download the "CON" form along with the "SR" and/or "PA" forms. Read up on it before doing it. It is very simple to do yourself. All the songs in your "Collection" have the same strength of copyright protection as if you had sent in a separate form (and filing fee) for each one.

See also the eCO electronic copyright filing forms.
Here is the FAQ: http://www.copyright.gov/eco/faq.html

What kinds of claims can be registered in eCO?
Currently eCO accepts registrations for (a) any single work or (b) a collection of unpublished works by the same author and owned by the same claimant, or (c) multiple published works contained in the same unit of publication and owned by the same claimant. (Examples. A compact disk containing 10 songs; a book of poems) or (d) groups of serial issues and groups of newspaper/newsletter issues.

I used to often call the Copyright office to talk to a human, and they were always helpful, and I seldom had to wait long on hold. They are the source! (202) 707–3000 or 1 (877) 476–0778 (toll free)

As far as I know, you are still required by law to send two copies of all published works to the Library of Congress, but that is entirely separate from copyright. You just stick two copies of a CD into an envelope and send it off - no cover letter needed, just good labeling on the CD's. You might investigate whether you can send different media than CD's and tapes nowadays.

Terry