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I had some songs which had no copy rights on My old youtube channel which, from a person I stopped doing music with, going solo and stuff. But he claimed copy right infringements on My content. which UA-cam deleted My old channel after 3 strikes. So My new accont I am commenting from. I was afraid to use My real name again because He kept attacking My channel leaving hateful comments and and I decided to go by Mingen Project, I was sad, because I feel like My identity was stolen by the person. From your video, I am guessing there is not much I can do or is there?
As a musician whose primary niche is in performance, not writing, copyright law is very pernicious and often is geared toward helping corporations and hindering the ones putting in actual work. Copyright law, if it needs to exist at all, needs a major overhaul.
This is also why I prefer to do stuff, creatively alone. This video was so needed and so appreciated. I am currently working on not only music for my UA-cam channel but music of my own that one day I want to release on UA-cam. Thanks you!
This literally happened here in Greensboro NC. Two guys wrote a song together. Without ownership coop between the two, one guy trusted the other guy to take the song to a record label and sell it. They were suppose to both get a check but the one guy who distrod it, had it copywritten into his own name only, and to this day is getting paid royalties. The name of the song was "What's Going On" artist Marvin Gaye.
I work with a production company providing stage, sound, lighting, etc. Due to the huge licencing issues and copyright law, we do not provide music. The licensing for public performance rights is so expensive, and difficult, unless you are a full time DJ, you can't acquire a music library or subscription music service which would work offline. Not all venues and fields have good connectivity. We do provide sound services so if a venue has a dance team and they bring their tracks on a phone, we provide Bluetooth connections, so they deal with the music license for their public performance. Maybe someday the copyright laws will be much more friendly to the weekend event crew, theaters, and small stores which can't affordably provide background music in the facility. Ever notice where now grocery stores provide music? They don't as the licensing cost became insane and the lawsuits for stores caught playing unlicensed music was far beyond punitive, so the only option was to avoid music in theater intermissions, and in stores. Hopefully someday, those services can be used again at reasonable costs. Right now, playing music in a store or theater is prohibited by law or cost. Copyright law can be difficult for musicians, and even worse is they are not getting the music played in public places due to copyright law, so musicians are not paid for music not played. The music industry is not going to deal with contract with small stores and venues at any type of affordable rate.
@isettech Right. There's music playing at the two grocery stores I go to, one of which is a Wegman's. A store can get a music license probably for a few hundred dollars.
"Ever notice where now grocery stores provide music? They don't as the licensing cost became insane" - Actually, when I was in the Stop and Shop supermarket last month, they were playing a lot of great music from the 80s through today, including Rainbow ("Stone Cold"), Ozzy Osbourne ("Shot in the Dark"), Culture Club ("Miss Me Blind") and Golden Earring ("Radar Love"). "Copyright law can be difficult for musicians, and even worse is they are not getting the music played in public places due to copyright law, so musicians are not paid for music not played" - If artists' work was not covered by copyright law, or if public performances of those works were not protected by copyright law, then companies playing the music publicly wouldn't pay for it, and the artists still wouldn't see a penny from it. "The music industry is not going to deal with contract with small stores and venues at any type of affordable rate" - The music industry is changing. Yes, the big labels still hold the majority of the power, but not nearly as much as they once did. It's actually quite the misnomer to say "music industry" in that regard now, as it is not one unified thing with one mind. What you really mean is, "the major labels are not going to deal with contracts with small stores and venues (who want to play top-40 popular music) at any type of affordable rate".
How though you do it person or online ? and is that for US citizens only ? I'm not in the Us btw also do distributors offer something like this? I'd appreciate it if you can bring me any info I'm just starting out
@@JJ-jn5lr In the U.S., it is. But the protection is minimal. To be able to claim damages in court, the work(s) must be registered with the Library of Congress. And, as far as I understand it, you could assemble all your intellectual property into a single collection or "album" and just register that.
Supreme Court has gone rogue. Create your music in Europe. Copyright is automatic, no loopholes, and music created in Europe can NOT BE COVERED without your approval!
I'm not familiar with UK copyright law, other than that it is automatic, similar to here in the US. I'm not seeing that there is an official governmental agency that creators register their copyrights with. Let me know if you have any insight on this!
@@TopMusicAttorney I'm not an attorney. I read what i told you about the EU rules from what I read there last year. The UK is not the EU also and I haven't researched their system. I tried to find an EU copyright office, but there was none other than various online companies which claim to register in a generic fashion. 10 years ago, you could register 50 songs at once (or more). Now you're limited to 10. My understanding is that in the USA, the copyright is automatic, but if you haven't registered at the US office, it's harder to actually enforce. You would know if this was true. The EU restrictions on covering and sampling have been enforced by ABBA, who have allowed very few samples to be cleared, one notably by Madonna. Good that you're doing this channel. People are trying to navigate a new environment. One thing I don't understand is why a pro-music group hasn't started a Spotify for indies only, but it's a big build to create that kind of server platform.
@@foto21 Music cannot be sampled without approval, but anyone can make a cover and no mechanical licenses are required. Licenses are only required for US and Canada downloads.
@@foto21 You're correct - to be able to recover damages from copyright infringement in the U.S., the work(s) must be registered with the Library of Congress. For a fee, of course.
Quite a few years ago maybe 2003(?) My daughter and I recorded 3 songs. One of the first things I did was register them with ASCAP. Then we posted them on MySpace. This way we knew if they were played commercially ASCAP would take care of collecting fees.
Nicely done! Register your copyright to make sure you can enforce in the instance of copyright infringement, register with ASCAP to make sure you get paid your performance royalties 💯 feel free to come by this Wednesday during the live stream, 5:00 p.m. PST 🙌
@@SoRDouglasdale You definitely want to register your copyright if it's potentially valuable. Back in the '50's, a Blues musician named Sonny Boy Williamson II copyrighted just about anything he could that wasn't copyrighted by the "original" songwriter. Of course, the law's changed, but still, better safe than sorry.
@SoRDouglasdale First thing BMI will tell you is to register your Copyright with the US Copyright Office. PROs collect royalties, thats all they do. I've been with BMI since 1976, but I've got US copyrights that date back to 74.
@SoRDouglasdale I think people are getting PROs and the US Copyright Office confused, they are two completely different entities, with completely different roles. As a writer and publisher I've worked with them all, since 1974. Any PRO will tell you to register songs with the US Copyright Office. Also, you can't register any song with any PRO until that song is recorded and a release date is set. (Not demo recordings, only songs that are being released). PROs collect royalties for songs, if its not released they cant collect anything so they dont deal with unreleased music. They Do Not and Cannot issue copyrights or copyright protection. Even if you have an album recorded, until its released or a label signs off on it you cant deal with a PRO on it. What if you have the song for years before it's recorded and reported to BMI or ASCAP, etc. It's not been protected all those years. One thing people don't realize; you can have your Copyright filed as soon as the song is written ; you dont have to wait til its recorded. And the label or whoever owns that recording also copyrights the recording at the US Copyright Office! For any song you send them 2 copies of lyrics and 2 copies on digital files of the music, such as you singing it or any demo, you don't have to worry about a PRO until the song is ready for release. I have copyrights on a few hundred songs that haven't yet been recorded, but they are protected, for instance if I send a demo of one to an artist it's protected already. It's not a good idea to send out demos on songs that are not Copyright protected. I own a publishing company, we copyright every song before we pitch it to any artist.
"Typical corporate shenanigans. 'Sure we infringed on your copyright, but the statue of limitations has passed'" - I feel dirty for saying this, but I can understand Warner's position. If the song's copyright was owned by the LLC (and not by the two individuals), and Warner licensed the music from the LLC, then they did everything correctly (legally and ethically) and Nealy should have no standing to sue them. If Nealy's former partner was not contractually allowed to license the music without Nealy's consent, then HE (the partner) is the one who violated the law, and Nealy should have to go after HIM for damages.
I think the Supreme Court made the right decision here. The reason the discovery rule exists is to disincentivize hiding / lying about infringing activities. What good is extending liability if you can’t collect damages? That would ultimately incentivize infringement.
I think it is unreasonable. There is so much music out there and so many outlets and channels that it would be a full time job to keep track of whether or not someone is infringing on your music. There should not be any limitation to discovery. When you discover it, no matter how long it has been out there, up to 70 years according to the most recent law, damages should recoupable for all monies generated. This only encourages musical theft. What does anyone have to lose so long as they make it past the 3 year mark? Nothing.
Question, I had my recording studio who had a deal with a distributor in Miami putting out compilations of club music in the '90s. The record label went out of business at that time and then they opened up a new business in 2010 re-releasing the same compilations. I have two songs that are copyrighted but I redid them two different versions but the lyrics were exactly the same. I was not notified at all. These aren't hit songs. They're just on a low budget dance freestyle music compilation but I was not aware. They also registered it to their own publishing company which I didn't give him any approval of.
Ask yourself if your 'friend' is good enough to be your friend even if they were paid a million dollars to not be your friend. Then still make an agreement. 😂
kinda clickbait...this it not a 'shocking change'...it is a reasonable decision....plus people should always register their copyrights before sharing it...that is solid advice.
@@Soul_Avery Facts, usually I block channels that do that even if I liked them, I just don't have all the time in the world for you to waste my time over nothing.
@@asole100 Don't hate the player, hate the game. YT rewards clickbait so heavily that not engaging in it actually punishes creators. Basically, if everyone did what you do...YT creators would be punished for creating clickbait titles and simultaneously for not creating them. Even then, they'd still be slightly more incentivized to create clickbait. Your one click is worth more than zero still.
I have a situation with Warner Bros, someone collected money from royalties, tried to steal my name and supposedly they got paid over $300k for my royalties. I got someone that helped me collect a balance that was $24k but I never got the rest + my international royalties or publishing. What do I do at this point?
Get a better lawyer. Your lawyer should have pushed to make sure you got everything you were owed. It doesn't even make sense they'd stop as more money for you means more billed hours for them. Get a better accountant, too.
I recorded a song about 10 years ago & did a video to it also. Recently a few years ago a very well known rapper stole my song & he also did a video & put the song on his album. When I did the song, my distributor was CDbaby. Publishing was & still is BMI. I sent CDbaby the copyright fee & all. Later I found out that they didn’t handle copyrights. I contacted an attorney who told me to send them everything that proves when I recorded the song. I did that. Do I have a case or can I take action behind this?
If I understand correctly, the copyright registration you are talking about is ruled under US laws. But music is distributed all over the world. Is there an "international" copyright registration? Or am I getting something wrong? Greets from Germany.
There is no such thing as international copyright law, there are only treaties that say "all the countries in the treaty agree to have a law on the books that lets people own monopolies on the copying of creative works, it has to afford at least this much monopoly control to copyright owners, any exceptions to that monopoly can't be any stronger than this amount, and ownership has to accrue at creation time." The US interpretation of that treaty is the absolute bare minimum: you don't lose copyright by failing to register (anymore), but the courts won't enforce your copyright until you get that registration done. The EU interprets the treaties to mean that there is NO copyright registration and anyone can sue for full damages at any time.
@@SuperSmashDolls Thank you for taking the time and answering. Of course your answer brings up many questions but maybe you could address them in a separate video? Anyway, luckily, it seems, I live in Europe. 😉
@@danpetitpas Hmmm, Ok, but I do not think this is what happens in reality. Maybe the top 5% of the music world do it like that but for the rest I highly doubt it. Also, me being from Europe, Germany to be exact, why should I register? Hypothetically, if someone steals my music, I can take them to court and I am protected by law as soon as I have created a song. Then the jurisdiction is Germany and it doesn't matter where the defendant lives.
Was just brought to your channel. I was blown away when you said you were a copyright lawyer with 10 years in the music industry... I feel so very old. I would have guessed studying law maybe. You look very young and its not the hair, mine is blue, not phased by that. I apologize if that comes off as offensive, it was not the intention. Was just shocking and I forget my age. Thank you for providing information like this for people in a way that lessens the legal-ese of it. I would have loved to have information like this presented in a professional and understandable way when I was right out of art school. So... Thank you thank you thank you for this on behalf of everyone who's wallet/bum/and mental state you save by doing this. Champion!
I've been Meditating on how I could be Re-Imbursed on a Case Almost Identical issue.. THNX to You, I've a Better Knowledge how to proceed!! THNX Beloved!!
What's the law about playing on a song and then the artist having your performance re-played exactly how you did it? Then the song ends up on a Sound track to a movie.
Be curious to hear this answer. Musicians tend to get the shaft, like words are harder to come up with than a catchy piece of music. I think the music is a much more difficult process than the vocals, but most of the time vocals are rewarded much more than the musicians.
This is a good question Think the answer is tricky..... Was any documents signed?? Did you have freedom to come up with your own ideas and interpretations on the track...?? Were you paid for your job done and what were the terms??? As a producer I've ran into this type of situation....and any live musicians I've used in my projects we always sign agreements....but that's just me.. honestly you deserve your fair share... business wise ...if you were paid of for job done .. it's gonna get tricky. Musicians deserve better Hope everything works out for you .salute👊
This may have changed in the last 20 years, but when I was in music business school it would depend on how you were paid. If say you were hired by the songwriter to play on the demo of a song, then your performance was a "work for hire" and you have no further claim. If you composed the work with the songwriter and were added to the copyright because it was substantive to the song (i.e. the hook, etc.), then you may have a claim. If you're not on the copyright, probably nothing. Again, my recollection from over 20 years ago.
@@byronmarsh1352 That's pretty much the same in photography. If you're paid to do a specific job and you don't get, in writing, that's it's yours to copywrite, it's work-for-hire.
@@byronmarsh1352 They case here is they took his original and re-recorded it so he had no claim to the *played* music. No description of whether they played it differently - to get a different feel - or just the same in order to get around his contract.
Ola! How can I reach you regarding my original song composition being falsely accused of copyright infringement by RIAA on UA-cam? I would like to hire you for my case. Thank you, Tony
That happens all the time. You have to contact UA-cam and plead your case. YT has a bot that counts the number of beats in a song and then compares it to its database. One UA-camr recorded a video of himself playing Beethoven's Moonlight Sonata on the piano and YT took down his video saying the song was copyrighted. A song written in 1801! All you can do is appeal.
I actually just got everything reinstated by YT a few days ago ( because they obviously didn’t have a leg to stand on) but I feel like it was a huge personal insult and possibly career damaging being a songwriter accused of stealing a song when it was 100% mine with a copyright from 2007. Pissed me off to no end though and they got quite a few strongly worded emails from me lol
I believe this to be a fair ruling. The person who cheated the other knew that what he was doing was wrong. If the person who got cheated could only recover partial compensation, then this would mean that the cheater won. There shouldn't be an incentive for people to cheat.
If you register copyright for songs on an album as unpublished works before album release, but a few songs were technically already published, can that hurt your infringement claim (assuming the infringement happens after the unpublished works copyright registration for the songs on album is approved/registered by the government)?
*_This is good._* _"Bounds_ does not guarantee inmates the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip-and-fall claims. The tools it requires to be provided are those that the inmates need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement. Impairment of any other litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration." _Lewis v. Casey,_ 518 US 343,354 (1996). See also _Thaddeus-X v. Blatter,_ 175 F.3d 378,391 (6th Cir. 1999)
You know Nealy and Butler... under the music specialist moniker, created some legendary music ...freestyle, Debbie Deb, Trenier to name a few. These guys are so OG they are seminal to the Miami bass, booty break music.
personally if my jam is good enough to steal it , hey just say i influenced it, at the very least....i just want to perform my jams live and get a few bucks for doing it - if i could play 20 shows a mth, in 6 months, walk away with $52K, go back to my home studio for 6 months - wash, rinse, repeat - for the next 5 years, i would be dancing in the streets
On the subject of copyright I also see that the copyright laws for software are following the same pattern as for anything else, but my opinion is that if a company declares the software to be "end of support" or "end of life" then they have basically also declared that they don't have any interests in it anymore so copyright could be dropped.
This is very informative. Maybe you can start the movement for the super social media sites to make people who post content prove it's their own, or have permission to use the content they post, rather than the violated content creator having to prove their work has been used without permission, and not have to fill out a seemingly endless series of pages proving it's your work. I've had hundreds of photos stolen, and it's worse dealing with overseas companies because of international laws.
Can you elaborate on "companies" offering registrations as opposed to the "Copyright Office" briefly and SUCCINCTLY. What IS protected by publicizing and what isn't? Maybe you've already done this. It is an important issue when you are a composer - and NOT a lawyer.
Hello, I find your channel very informative...Thax. Question: I am now living in Europe; what is the process to protect my work internationally if I don't live in the US? 2nd Question: A.I. music can't be registered as original copyrighted works right? So what are the legal limitations of I producing derivative renditions of A.I. generated music? Thax....😎😎
If you're here in the US, register here for sure. The Berne Convention extends copyright protection from the US to all other countries that signed the treaty, which includes around 170 countries! You can do separate registrations in other countries if they provide the option! Glad you can be here. Livestream this Wednesday at 5pm PST if you want to join the conversation!
Great video. hanks for sharing. Should a producer of instrumental music ( lofi, ambient, soundscape, EDM or house music - music that contain no lyrics or vocals) get the paper copyright documents for each of their beats/ musical creations? I'm a fairly new Independent artist, I have 10 songs out so were talking $650.00. I'm an Uber/ Lyft driver. It's going to take some time to get that extra cash together. 😢
I love the way you break things down so that a person who is serious about the biz can understand. Please explain the various types of copyrights such a (C) for the songwriter, publisher, sheet music; (P) for the physical product such as vinyl, CD, cassette and the advantages and disadvantages of copyrighting an individual song vs a group of songs under a single copyright as a collection. Breakdown the spilt Sheets that are now being used by performance clearance organizations such as BMI where writing, publishing, and producer royalties have to be split a million ways because it takes 10 no talented boneheads to co-write and co-produce one song these days. Lastly, I love your vibe.
Correct me if I'm wrong but,... this lady is beautiful. Anyway,... very important information for creators in general and not just musicians. I've been down that road with an Intellectual Property of cartoon characters and even though I managed to get some compensation I lost the rights to my own work in order to do so and gain my freedom to create again. Pay close attention to her words. She clearly knows the ropes extremely well.
Wow, excellent video, thank you. You mentioned that you could copyright an album of songs. If someone infringed one song out of an album, would it be treated the same as a copyright on just a single song? Does the same copyright law and protection apply to other work like books for articles?
Seems to me that Nealy should have been suing Butler, rather than WarnerChappell alone, and not for copyright infringement. I have given up hope that America will ever sort out copyright legally. The best thing to do now is to ignore America as a market, as America did the Berne Convention for so many years, and go for the rest of the world under sane laws that everybody respects.
I think it's a surprisingly just decision. But why is there an expiration date on justice at all (statute of limitations)? Who determines what a "reasonable" amount of time for discovery is? Are artists expected to be reviewing all mediums for infringements? Who can do that in a time where interpolation and sampling is so simple, and AI is trained on existing works?
Before I get another couple dozen hateful, private messages and people responding on here in a manner, I don’t know anything. I have a copyright license for working with stuff. Other people have copyrighted. I do understand copyright law. I was only making a statement that stores can play music if they turn on a radio without a copyright license as many people in the comments here were saying that’s why store no longer play music. I do not need any further Heatfield private messages or threatening private messages. For those who have threatened me, I have reported your content.
Question: What if someone used your personal image from a photo and put it on a sweatshirt to advertise their trucking company, with the caption "I love these guys" under your picture? Wouldn't this be a slam dunk case since they actually acquired your personal image from a UA-cam thumbnail that you created?
Interesting question. There would be potentially copyright (ownership in the photograph itself) and publicity issues of those in the photo tied with the unauthorized usage!
Question. You present lyrics to somebody which they significantly modify and record. You share rights with them for that version. Do you still own all rights for the original, not modified version of the lyrics?
@@howardjones2021 As I understand it, you don't share rights with them. You own the copyright and they have to pay you your royalties. The only exception is works or parody and even Weird Al Yankovich asks permission to change the lyrics to make sure he won't be sued by the original artist. And you can get an injunction against them singing their version of your song as well.
Most people who use copyright have absolutely no clue how it works. I've seen this a lot in the open source community for many years (going back to 2006)
I've heard this case from another youtuber Lenard maybe? you're less long winded reading only important relevant sections nice. The only problem with this ruling is we have limits and statutes of limitations because there should be limits and while they did leave it open for limits it could leave room for abuse 50 years of damages because you used a politicians picture for 50 years on a website because you thought it was public domain 😮
I had never heard of copyright registration. I assume I would do a copyright registration if I made a game, correct? Assuming I ever get past the idea phase.
Dam copyright law and dam the man 😂 not really 😂 the only thing about copyright is some drug copyright laws will chap my hide. They will patent a drug used in other countries for 20 years then bring it here starting as if a new drug or extensions so they go to lengths nobody else could ever do.
While you are focused on the music industry, as a photographer copyright is the same for other works. If you plan to sell or post online register the works as required by local laws before release.
@stevenbliss989 wrote, “Copyright law id BULLSHIT. MUSIC, MOVIES etc. should have a 10 year LIMIT!!!!!!!!!!!!!!!!!!!!!!!!!” If your posted/shared photographs, books (literary works), videos/films/documentaries, or music sound-recordings went VIRAL, *I’m pretty certain you’d want to have the current copyright term* so you could continue to receive a steady stream of licensing fees (income) for many years, allowing you to create new works, travel, purchase new things, retire, make charitable donations, etc.
needs to be changed so that you can only own the rights for so many years then they become public property by default, with no option to sell off the rights to anyone, only the creator should ever have the rights and after they die or a set time limit thye rights become generalized i think they call it. copy right and patent laws have held our society's progress down, we are now 10 years at least behind what we should be in terms of the tech we have...
Forget copyright. You stipulated a signed contract and some form of corporate agreement. It appears you are missing a legitimate claim of fraudulent business practices and deceit. This action was renewed each time the defendant perpetuates the lie.
we could create great music but the world is a vampire. we could create things that could change the world. cure all disease discover instantaneous travel the world does not want to be changed. Mundus vult decipi, ergo decipiatur”
Can i do cover songs on you tube? I see tons of people doing cover songs on you tube and i don't see them getting in trouble, is there something specific i need to do? Does anyone know? I appreciate the help😊
End of the day if someones rights were civilly infringe based on gross negligence or intentional tort or malfeasance of the other party there really should be no statute of limitations --- but perhaps a higher standard should be held such as being a "serious matter" for instance you might set small claims at a smaller threshold but serious infringements involving large values should not have a statue of limitations especially in cases of willful infringement. I think that the burden to hear these cases should be higher in that it would make sense to have some type of discovery and if it is reasonable on preliminary enquiry that an infringement occurred but was not realized until some later point someone shouldn't be deprived access to international copyright protection as well as injunctions -- BUT I think these matters should be reserved for cases of serious commercial interests, like a 3 year limit may be reasonable for matters under what may be in the 10,000 or less range but for "major interests" for example a willful or grossly negligent infringement especially when someone's song is directly stolen then for sure -- but these claim should be perpetual because copyright to moral and other rights are perpetual not limited to 3 years. It would make sense to have a claim expire 3 years after the copyright expires into the public domain but during the life of a copyright I think it is something ike 70 years after someone's lifetime then all claims relating to those copyrights are still relevant --- however if there is a statute of limitations then the statutory protections might lapse but peoples treaty rights should still be heard by the court, and that those hearing might allude to interpretation under statute. Courts jobs are to insure justice is served, procedure is applicable but if there is a treaty then even if domestic law has made laws to manage that treaty it doesn't limit the treaty it just provides a framework for applying that treaty into domestic law, the extinguishment of the domestic litigations (what was decided by legislators, doesn't in fact limit the treaty claims it only creates a framework that might be applicable when those conditions are applicable so if the statutory procedures expire after three years then the statue may not be used, rather it would fall back on the treaty text in absence of statue much as the statute has to be in agreement with the treaty not the other way around as treaty law has more force than statute. To deny compensation for lifelong harms based upon artificial barriers ins't really "good" fair or reasonable justice, it is a sham process that favors enfranchised persons. If someone made money by robbing you its still your property and you still have rights to it much like any interest accrued off your stolen assets if they were used that is theft and fraud. Not only is it a civil infraction it could be criminal when it involved moneys that were acquired through criminal conduct of fraudulent representation. I do think these should be serious matters though involving more money than legal costs or serious and offensive defamatory moral rights infractions and serious brand damage or those that will be in continuance effect the value of the work including future value. Also reasonable dilligence is made difficult because there is just so much music now it is impossible to be aware of all of it. By the Supremacy Clause, both statutes and treaties “are declared... to be the supreme law of the land, and no superior efficacy is given to either over the other.” 378 As statutes may be held void because they contravene the Constitution, it should follow that treaties may be held void, the Constitution being superior to both. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding. All these are still applicable even if the CFR statute has expired: Contracting Parties United States of America Member Treaty Signature Instrument In Force Details United States of America Beijing Treaty on Audiovisual Performances June 26, 2012 United States of America Berne Convention Accession: November 16, 1988 March 1, 1989 Details United States of America Brussels Convention May 21, 1974 Ratification: December 7, 1984 March 7, 1985 United States of America Budapest Treaty April 28, 1977 Acceptance: September 24, 1979 August 19, 1980 Details United States of America Hague Agreement Accession: February 13, 2015 May 13, 2015 Details United States of America Madrid Protocol Accession: August 2, 2003 November 2, 2003 Details United States of America Marrakesh VIP Treaty October 2, 2013 Ratification: February 8, 2019 May 8, 2019 United States of America Nice Agreement Accession: February 23, 1972 May 25, 1972 Details United States of America Paris Convention Accession: March 18, 1887 May 30, 1887 Details United States of America Patent Cooperation Treaty June 19, 1970 Ratification: November 26, 1975 January 24, 1978 Details United States of America Patent Law Treaty June 2, 2000 Ratification: September 18, 2013 December 18, 2013 Details United States of America Phonograms Convention October 29, 1971 Ratification: November 26, 1973 March 10, 1974 United States of America Singapore Treaty March 28, 2006 Ratification: October 1, 2008 March 16, 2009 United States of America Strasbourg Agreement March 24, 1971 Ratification: December 21, 1973 October 7, 1975 United States of America Trademark Law Treaty October 28, 1994 Ratification: May 12, 2000 August 12, 2000 United States of America UPOV Convention Acceptance: November 12, 1980 November 8, 1981 Details United States of America WIPO Convention July 14, 1967 Ratification: May 25, 1970 August 25, 1970 United States of America WIPO Copyright Treaty April 12, 1997 Ratification: September 14, 1999 March 6, 2002 United States of America WIPO Performances and Phonograms Treaty April 12, 1997 Ratification: September 14, 1999 May 20, 2002 Details
They been going rogue for a while. You should see their ruling on redrawing voter maps in a racist way. We really got to ethier A get some of them out or b add more to get it back to normality.
Forgive me if I'm wording this poorly, but does the copyright registration have to be acquired per WORK or per "entity"? In other words, can a songwriter just get a one-time copyright license (in addition to signing up for a PRO and LLC and whatnot) as a songwriter and be good to go, or does each release (be it song, EP, or album) need its particular copyright registration? Thanks so much for all of this, btw! lol I've only stumbled across your channel recently, and it's a great (if horrible) reminder of how behind I am on all this stuff 😬😝😂
Con't . . . I have many recordings, but I also hand wrote the music ( before the internet) I noticed that I had registered many of them. Now I just need someone to steal them and make money. Sigh . . . probably won't happen
Can a producer sue an artist that he's working with on a song if the artist puts the song out on Distro kid (etc) without his knowledge? ( Even if it doesn't sell and little to no views ). No contract.
Depends on the deal you have with the producer. Did you use his facilities and his time and effort and you gave him nothing in return and didn't even notify him? He might actually own the recording, not you, and you might not have the right to release it. Did you pay him to produce it? Then it was a work for hire and you own it. It depends on the situation.
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I laughed at people like you, now I realize the laws are so backwards. Good work. 🍻. We let this dumb shit happen to us.
I had some songs which had no copy rights on My old youtube channel which, from a person I stopped doing music with, going solo and stuff. But he claimed copy right infringements on My content. which UA-cam deleted My old channel after 3 strikes. So My new accont I am commenting from. I was afraid to use My real name again because He kept attacking My channel leaving hateful comments and and I decided to go by Mingen Project, I was sad, because I feel like My identity was stolen by the person. From your video, I am guessing there is not much I can do or is there?
As a musician whose primary niche is in performance, not writing, copyright law is very pernicious and often is geared toward helping corporations and hindering the ones putting in actual work. Copyright law, if it needs to exist at all, needs a major overhaul.
Agreed ….
This is also why I prefer to do stuff, creatively alone. This video was so needed and so appreciated. I am currently working on not only music for my UA-cam channel but music of my own that one day I want to release on UA-cam. Thanks you!
This literally happened here in Greensboro NC. Two guys wrote a song together. Without ownership coop between the two, one guy trusted the other guy to take the song to a record label and sell it. They were suppose to both get a check but the one guy who distrod it, had it copywritten into his own name only, and to this day is getting paid royalties. The name of the song was "What's Going On" artist Marvin Gaye.
This is a pretty common occurrence, unfortunately. Glad you can be here! Livestream this Wednesday at 5pm PST if you want to join the conversation!
It's weird to think that you've been practicing for 10 years when you're clearly 24 years old. :D
I work with a production company providing stage, sound, lighting, etc. Due to the huge licencing issues and copyright law, we do not provide music. The licensing for public performance rights is so expensive, and difficult, unless you are a full time DJ, you can't acquire a music library or subscription music service which would work offline. Not all venues and fields have good connectivity.
We do provide sound services so if a venue has a dance team and they bring their tracks on a phone, we provide Bluetooth connections, so they deal with the music license for their public performance.
Maybe someday the copyright laws will be much more friendly to the weekend event crew, theaters, and small stores which can't affordably provide background music in the facility. Ever notice where now grocery stores provide music? They don't as the licensing cost became insane and the lawsuits for stores caught playing unlicensed music was far beyond punitive, so the only option was to avoid music in theater intermissions, and in stores. Hopefully someday, those services can be used again at reasonable costs. Right now, playing music in a store or theater is prohibited by law or cost.
Copyright law can be difficult for musicians, and even worse is they are not getting the music played in public places due to copyright law, so musicians are not paid for music not played. The music industry is not going to deal with contract with small stores and venues at any type of affordable rate.
Idk what stores you be in, but food lion still plays music
@isettech Right. There's music playing at the two grocery stores I go to, one of which is a Wegman's. A store can get a music license probably for a few hundred dollars.
"Ever notice where now grocery stores provide music? They don't as the licensing cost became insane" - Actually, when I was in the Stop and Shop supermarket last month, they were playing a lot of great music from the 80s through today, including Rainbow ("Stone Cold"), Ozzy Osbourne ("Shot in the Dark"), Culture Club ("Miss Me Blind") and Golden Earring ("Radar Love").
"Copyright law can be difficult for musicians, and even worse is they are not getting the music played in public places due to copyright law, so musicians are not paid for music not played" - If artists' work was not covered by copyright law, or if public performances of those works were not protected by copyright law, then companies playing the music publicly wouldn't pay for it, and the artists still wouldn't see a penny from it.
"The music industry is not going to deal with contract with small stores and venues at any type of affordable rate" - The music industry is changing. Yes, the big labels still hold the majority of the power, but not nearly as much as they once did. It's actually quite the misnomer to say "music industry" in that regard now, as it is not one unified thing with one mind. What you really mean is, "the major labels are not going to deal with contracts with small stores and venues (who want to play top-40 popular music) at any type of affordable rate".
The reason that stores and any other place can play music is because all they have to do is turn on a radio they don’t need a copyright license
@@jamesshelton1124 exactly
That’s why I usually copyright 10 songs at a time for the price of one.
How though you do it person or online ? and is that for US citizens only ? I'm not in the Us btw also do distributors offer something like this? I'd appreciate it if you can bring me any info I'm just starting out
@@Drvik_ You can copy up to 10’ songs/compositions at a time. I have done it online.
💪
That's not a bad idea. One of those easy things that you don't think of.
@@JJ-jn5lr In the U.S., it is. But the protection is minimal. To be able to claim damages in court, the work(s) must be registered with the Library of Congress. And, as far as I understand it, you could assemble all your intellectual property into a single collection or "album" and just register that.
I paid 85 for 10 songs to be copyright registration just yesterday.
Supreme Court has gone rogue. Create your music in Europe. Copyright is automatic, no loopholes, and music created in Europe can NOT BE COVERED without your approval!
I'm not familiar with UK copyright law, other than that it is automatic, similar to here in the US. I'm not seeing that there is an official governmental agency that creators register their copyrights with. Let me know if you have any insight on this!
@@TopMusicAttorney I'm not an attorney. I read what i told you about the EU rules from what I read there last year. The UK is not the EU also and I haven't researched their system. I tried to find an EU copyright office, but there was none other than various online companies which claim to register in a generic fashion. 10 years ago, you could register 50 songs at once (or more). Now you're limited to 10.
My understanding is that in the USA, the copyright is automatic, but if you haven't registered at the US office, it's harder to actually enforce. You would know if this was true. The EU restrictions on covering and sampling have been enforced by ABBA, who have allowed very few samples to be cleared, one notably by Madonna.
Good that you're doing this channel. People are trying to navigate a new environment. One thing I don't understand is why a pro-music group hasn't started a Spotify for indies only, but it's a big build to create that kind of server platform.
@@foto21 Music cannot be sampled without approval, but anyone can make a cover and no mechanical licenses are required. Licenses are only required for US and Canada downloads.
@@foto21 You're correct - to be able to recover damages from copyright infringement in the U.S., the work(s) must be registered with the Library of Congress. For a fee, of course.
@@TopMusicAttorney There is no such agency in the UK.
Once again you have brilliantly broken down and simplified this complex subject. Get your copyright registered.
⚖️🙏
Quite a few years ago maybe 2003(?) My daughter and I recorded 3 songs. One of the first things I did was register them with ASCAP. Then we posted them on MySpace. This way we knew if they were played commercially ASCAP would take care of collecting fees.
Nicely done! Register your copyright to make sure you can enforce in the instance of copyright infringement, register with ASCAP to make sure you get paid your performance royalties 💯 feel free to come by this Wednesday during the live stream, 5:00 p.m. PST 🙌
So by registering the song(s) with a PRO does that give it similar protection like a copyright. It shows date and authors plus splits?
@@SoRDouglasdale You definitely want to register your copyright if it's potentially valuable. Back in the '50's, a Blues musician named Sonny Boy Williamson II copyrighted just about anything he could that wasn't copyrighted by the "original" songwriter. Of course, the law's changed, but still, better safe than sorry.
@SoRDouglasdale First thing BMI will tell you is to register your Copyright with the US Copyright Office. PROs collect royalties, thats all they do. I've been with BMI since 1976, but I've got US copyrights that date back to 74.
@SoRDouglasdale
I think people are getting PROs and the US Copyright Office confused, they are two completely different entities, with completely different roles. As a writer and publisher I've worked with them all, since 1974. Any PRO will tell you to register songs with the US Copyright Office. Also, you can't register any song with any PRO until that song is recorded and a release date is set. (Not demo recordings, only songs that are being released). PROs collect royalties for songs, if its not released they cant collect anything so they dont deal with unreleased music. They Do Not and Cannot issue copyrights or copyright protection. Even if you have an album recorded, until its released or a label signs off on it you cant deal with a PRO on it. What if you have the song for years before it's recorded and reported to BMI or ASCAP, etc. It's not been protected all those years.
One thing people don't realize; you can have your Copyright filed as soon as the song is written ; you dont have to wait til its recorded. And the label or whoever owns that recording also copyrights the recording at the US Copyright Office!
For any song you send them 2 copies of lyrics and 2 copies on digital files of the music, such as you singing it or any demo, you don't have to worry about a PRO until the song is ready for release.
I have copyrights on a few hundred songs that haven't yet been recorded, but they are protected, for instance if I send a demo of one to an artist it's protected already.
It's not a good idea to send out demos on songs that are not Copyright protected. I own a publishing company, we copyright every song before we pitch it to any artist.
Typical corporate shenanigans. “Sure we infringed on your copyright, but the statue of limitations has passed.” And then they go on using it 😡
"Typical corporate shenanigans. 'Sure we infringed on your copyright, but the statue of limitations has passed'" - I feel dirty for saying this, but I can understand Warner's position. If the song's copyright was owned by the LLC (and not by the two individuals), and Warner licensed the music from the LLC, then they did everything correctly (legally and ethically) and Nealy should have no standing to sue them. If Nealy's former partner was not contractually allowed to license the music without Nealy's consent, then HE (the partner) is the one who violated the law, and Nealy should have to go after HIM for damages.
I think the Supreme Court made the right decision here. The reason the discovery rule exists is to disincentivize hiding / lying about infringing activities. What good is extending liability if you can’t collect damages? That would ultimately incentivize infringement.
As a Canadian intellectual property attorney, I enjoyed your analysis of this SCOTUS decision and your very good advice to artists.
I think it is unreasonable. There is so much music out there and so many outlets and channels that it would be a full time job to keep track of whether or not someone is infringing on your music. There should not be any limitation to discovery. When you discover it, no matter how long it has been out there, up to 70 years according to the most recent law, damages should recoupable for all monies generated. This only encourages musical theft. What does anyone have to lose so long as they make it past the 3 year mark? Nothing.
What are y’all going to do when the algorithms ignore claims until after litigation? Lol 😂
Question, I had my recording studio who had a deal with a distributor in Miami putting out compilations of club music in the '90s. The record label went out of business at that time and then they opened up a new business in 2010 re-releasing the same compilations. I have two songs that are copyrighted but I redid them two different versions but the lyrics were exactly the same. I was not notified at all. These aren't hit songs. They're just on a low budget dance freestyle music compilation but I was not aware. They also registered it to their own publishing company which I didn't give him any approval of.
Hire a lawyer to sue them for stealing your intellectual property?
Ask yourself if your 'friend' is good enough to be your friend even if they were paid a million dollars to not be your friend. Then still make an agreement. 😂
kinda clickbait...this it not a 'shocking change'...it is a reasonable decision....plus people should always register their copyrights before sharing it...that is solid advice.
😂 Usually I dislike when people do this but I'm actually glad it was nothing bad therefore I'm happy either way.
Standard for UA-cam
@@Soul_Avery Facts, usually I block channels that do that even if I liked them, I just don't have all the time in the world for you to waste my time over nothing.
Considering the history of copyright law, the "sensible decision" being made actually is pretty shocking
@@asole100 Don't hate the player, hate the game. YT rewards clickbait so heavily that not engaging in it actually punishes creators.
Basically, if everyone did what you do...YT creators would be punished for creating clickbait titles and simultaneously for not creating them.
Even then, they'd still be slightly more incentivized to create clickbait. Your one click is worth more than zero still.
I have a situation with Warner Bros, someone collected money from royalties, tried to steal my name and supposedly they got paid over $300k for my royalties. I got someone that helped me collect a balance that was $24k but I never got the rest + my international royalties or publishing. What do I do at this point?
Get a better lawyer. Your lawyer should have pushed to make sure you got everything you were owed. It doesn't even make sense they'd stop as more money for you means more billed hours for them. Get a better accountant, too.
Contact an attorney, stat! Email my legal assistant so we can get more info and see if we can help (Tremain): admin@delgadoentertainmentlaw.com ⚖️🙏
I recorded a song about 10 years ago & did a video to it also. Recently a few years ago a very well known rapper stole my song & he also did a video & put the song on his album. When I did the song, my distributor was CDbaby. Publishing was & still is BMI. I sent CDbaby the copyright fee & all. Later I found out that they didn’t handle copyrights. I contacted an attorney who told me to send them everything that proves when I recorded the song. I did that. Do I have a case or can I take action behind this?
Thanks for clarifying this very important change! 👍
He has a claim because fraud was commited when the person lied about the deals.
So sad that almost the whole world got caught in this in the American copyright madness.
If I understand correctly, the copyright registration you are talking about is ruled under US laws. But music is distributed all over the world. Is there an "international" copyright registration? Or am I getting something wrong? Greets from Germany.
There is no such thing as international copyright law, there are only treaties that say "all the countries in the treaty agree to have a law on the books that lets people own monopolies on the copying of creative works, it has to afford at least this much monopoly control to copyright owners, any exceptions to that monopoly can't be any stronger than this amount, and ownership has to accrue at creation time." The US interpretation of that treaty is the absolute bare minimum: you don't lose copyright by failing to register (anymore), but the courts won't enforce your copyright until you get that registration done. The EU interprets the treaties to mean that there is NO copyright registration and anyone can sue for full damages at any time.
@@SuperSmashDolls Thank you for taking the time and answering. Of course your answer brings up many questions but maybe you could address them in a separate video? Anyway, luckily, it seems, I live in Europe. 😉
You can copyright the song country by country. Most major record companies and unions have representatives in most countries that can do this.
@@danpetitpas Hmmm, Ok, but I do not think this is what happens in reality. Maybe the top 5% of the music world do it like that but for the rest I highly doubt it. Also, me being from Europe, Germany to be exact, why should I register? Hypothetically, if someone steals my music, I can take them to court and I am protected by law as soon as I have created a song. Then the jurisdiction is Germany and it doesn't matter where the defendant lives.
Was just brought to your channel. I was blown away when you said you were a copyright lawyer with 10 years in the music industry... I feel so very old.
I would have guessed studying law maybe. You look very young and its not the hair, mine is blue, not phased by that. I apologize if that comes off as offensive, it was not the intention. Was just shocking and I forget my age.
Thank you for providing information like this for people in a way that lessens the legal-ese of it. I would have loved to have information like this presented in a professional and understandable way when I was right out of art school. So... Thank you thank you thank you for this on behalf of everyone who's wallet/bum/and mental state you save by doing this.
Champion!
I've been Meditating on how I could be Re-Imbursed on a Case Almost Identical issue.. THNX to You, I've a Better Knowledge how to proceed!! THNX Beloved!!
Im an Artist
usually people dont want
to sign a contract is
because they are up to funny business
New to the channel, old music man. Thanks
I thought interpolation was taking the melody from a song and applying it to a different set of lyrics.
I'm glad the liar wasn't rewarded.
Copyright "Law" equal convoluted theft.
😲
What's the law about playing on a song and then the artist having your performance re-played exactly how you did it? Then the song ends up on a Sound track to a movie.
Be curious to hear this answer. Musicians tend to get the shaft, like words are harder to come up with than a catchy piece of music. I think the music is a much more difficult process than the vocals, but most of the time vocals are rewarded much more than the musicians.
This is a good question
Think the answer is tricky.....
Was any documents signed??
Did you have freedom to come up with your own ideas and interpretations on the track...?? Were you paid for your job done and what were the terms???
As a producer I've ran into this type of situation....and any live musicians I've used in my projects we always sign agreements....but that's just me.. honestly you deserve your fair share... business wise ...if you were paid of for job done .. it's gonna get tricky.
Musicians deserve better
Hope everything works out for you .salute👊
This may have changed in the last 20 years, but when I was in music business school it would depend on how you were paid. If say you were hired by the songwriter to play on the demo of a song, then your performance was a "work for hire" and you have no further claim. If you composed the work with the songwriter and were added to the copyright because it was substantive to the song (i.e. the hook, etc.), then you may have a claim. If you're not on the copyright, probably nothing. Again, my recollection from over 20 years ago.
@@byronmarsh1352 That's pretty much the same in photography. If you're paid to do a specific job and you don't get, in writing, that's it's yours to copywrite, it's work-for-hire.
@@byronmarsh1352 They case here is they took his original and re-recorded it so he had no claim to the *played* music. No description of whether they played it differently - to get a different feel - or just the same in order to get around his contract.
Ola! How can I reach you regarding my original song composition being falsely accused of copyright infringement by RIAA on UA-cam? I would like to hire you for my case. Thank you, Tony
That happens all the time. You have to contact UA-cam and plead your case. YT has a bot that counts the number of beats in a song and then compares it to its database. One UA-camr recorded a video of himself playing Beethoven's Moonlight Sonata on the piano and YT took down his video saying the song was copyrighted. A song written in 1801! All you can do is appeal.
I actually just got everything reinstated by YT a few days ago ( because they obviously didn’t have a leg to stand on) but I feel like it was a huge personal insult and possibly career damaging being a songwriter accused of stealing a song when it was 100% mine with a copyright from 2007. Pissed me off to no end though and they got quite a few strongly worded emails from me lol
I believe this to be a fair ruling. The person who cheated the other knew that what he was doing was wrong. If the person who got cheated could only recover partial compensation, then this would mean that the cheater won. There shouldn't be an incentive for people to cheat.
So even when we create the government is there to leech away money as a fee to show ownership, before we see a dime.
They always want something from any ideas or work you do on your own. Smh
If you register copyright for songs on an album as unpublished works before album release, but a few songs were technically already published, can that hurt your infringement claim (assuming the infringement happens after the unpublished works copyright registration for the songs on album is approved/registered by the government)?
*_This is good._* _"Bounds_ does not guarantee inmates the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip-and-fall claims. The tools it requires to be provided are those that the inmates need in order to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confinement. Impairment of any other litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration." _Lewis v. Casey,_ 518 US 343,354 (1996). See also _Thaddeus-X v. Blatter,_ 175 F.3d 378,391 (6th Cir. 1999)
You know Nealy and Butler... under the music specialist moniker, created some legendary music ...freestyle, Debbie Deb, Trenier to name a few.
These guys are so OG they are seminal to the Miami bass, booty break music.
Glad you can be here! Livestream this Wednesday at 5pm PST if you want to join the conversation!
what the heck is going on with the editing at the start of this? good grief -- about 2 minutes of incomprehensible sentence fragments and abrupt cuts!
😬 Oh my... I'll fire my editing team right away...🤣🤣🤣🤣 We also have the full livestream you can watch without edits on the channel.
It got you engaging and helping the algorithm 😎
personally if my jam is good enough to steal it , hey just say i influenced it, at the very least....i just want to perform my jams live and get a few bucks for doing it - if i could play 20 shows a mth, in 6 months, walk away with $52K, go back to my home studio for 6 months - wash, rinse, repeat - for the next 5 years, i would be dancing in the streets
Interesting! Theroretically, would this decision have bearing on a case like the infamous Men At Work "Down Under" / "Kookaburra" suit?
I just enjoy watching a smart young respectable, knowledgeable woman. I wish that on my daughters. God bless.
Numbers One: that's vs, you just hunt for clicks and likes, second, you are hunting for likes, and third, you are hunting for clicks. Period.... BS.
Thanks for watching
Let's gooooo 🔥
On the subject of copyright I also see that the copyright laws for software are following the same pattern as for anything else, but my opinion is that if a company declares the software to be "end of support" or "end of life" then they have basically also declared that they don't have any interests in it anymore so copyright could be dropped.
This is very informative. Maybe you can start the movement for the super social media sites to make people who post content prove it's their own, or have permission to use the content they post, rather than the violated content creator having to prove their work has been used without permission, and not have to fill out a seemingly endless series of pages proving it's your work. I've had hundreds of photos stolen, and it's worse dealing with overseas companies because of international laws.
It’s the same with the artist and publishing deal, once you agree, there’s no backing out! 😂
CONSISTANT YOU ARE.. KEEP IT GOING.. WHAT IF THE COMPANIES likw spotify WANT TO HIRE YOU (BIG SERIOUS BUCKS) TO KEEP U QUIET.. what you doing?
Can you elaborate on "companies" offering registrations as opposed to the "Copyright Office" briefly and SUCCINCTLY. What IS protected by publicizing and what isn't? Maybe you've already done this. It is an important issue when you are a composer - and NOT a lawyer.
very happy i m a horrible cover guitarist, makes it safe fo copyrights ( i won't get sued)
Hello, I find your channel very informative...Thax. Question: I am now living in Europe; what is the process to protect my work internationally if I don't live in the US? 2nd Question: A.I. music can't be registered as original copyrighted works right? So what are the legal limitations of I producing derivative renditions of A.I. generated music? Thax....😎😎
My band members live in Canada and Japan. Do we register our music for copyright in both countries, one country, or somewhere else?
If you're here in the US, register here for sure. The Berne Convention extends copyright protection from the US to all other countries that signed the treaty, which includes around 170 countries! You can do separate registrations in other countries if they provide the option! Glad you can be here. Livestream this Wednesday at 5pm PST if you want to join the conversation!
Great video. hanks for sharing. Should a producer of instrumental music ( lofi, ambient, soundscape, EDM or house music - music that contain no lyrics or vocals) get the paper copyright documents for each of their beats/ musical creations? I'm a fairly new Independent artist, I have 10 songs out so were talking $650.00. I'm an Uber/ Lyft driver. It's going to take some time to get that extra cash together. 😢
I love the way you break things down so that a person who is serious about the biz can understand. Please explain the various types of copyrights such a (C) for the songwriter, publisher, sheet music; (P) for the physical product such as vinyl, CD, cassette and the advantages and disadvantages of copyrighting an individual song vs a group of songs under a single copyright as a collection. Breakdown the spilt Sheets that are now being used by performance clearance organizations such as BMI where writing, publishing, and producer royalties have to be split a million ways because it takes 10 no talented boneheads to co-write and co-produce one song these days. Lastly, I love your vibe.
Easy solution is to just abolish ALL copyrights.
Eliminates a lot of greed.
Just think of what could be created without copyrights (and patents)?
Click bait. Boring boring boring. But, you do have a incredibly symmetrical face.
I subbed, for 2 reasons, Great content and you're beautiful.
Correct me if I'm wrong but,... this lady is beautiful.
Anyway,... very important information for creators in general and not just musicians.
I've been down that road with an Intellectual Property of cartoon characters and even though I managed to get some compensation I lost the rights to my own work in order to do so and gain my freedom to create again. Pay close attention to her words. She clearly knows the ropes extremely well.
Wow, excellent video, thank you. You mentioned that you could copyright an album of songs. If someone infringed one song out of an album, would it be treated the same as a copyright on just a single song? Does the same copyright law and protection apply to other work like books for articles?
Seems to me that Nealy should have been suing Butler, rather than WarnerChappell alone, and not for copyright infringement. I have given up hope that America will ever sort out copyright legally. The best thing to do now is to ignore America as a market, as America did the Berne Convention for so many years, and go for the rest of the world under sane laws that everybody respects.
I think it's a surprisingly just decision. But why is there an expiration date on justice at all (statute of limitations)? Who determines what a "reasonable" amount of time for discovery is? Are artists expected to be reviewing all mediums for infringements? Who can do that in a time where interpolation and sampling is so simple, and AI is trained on existing works?
You'd have to think that this is the correct decision, allowing someone to benefit from defrauding someone just isn't correct.
Loved this YT.
The Andy Griffith theme and the Christmas song by the Waitresses
I don't get it.
Before I get another couple dozen hateful, private messages and people responding on here in a manner, I don’t know anything. I have a copyright license for working with stuff. Other people have copyrighted. I do understand copyright law. I was only making a statement that stores can play music if they turn on a radio without a copyright license as many people in the comments here were saying that’s why store no longer play music. I do not need any further Heatfield private messages or threatening private messages. For those who have threatened me, I have reported your content.
Question: What if someone used your personal image from a photo and put it on a sweatshirt to advertise their trucking company, with the caption "I love these guys" under your picture? Wouldn't this be a slam dunk case since they actually acquired your personal image from a UA-cam thumbnail that you created?
Interesting question. There would be potentially copyright (ownership in the photograph itself) and publicity issues of those in the photo tied with the unauthorized usage!
Question. You present lyrics to somebody which they significantly modify and record. You share rights with them for that version. Do you still own all rights for the original, not modified version of the lyrics?
@howardjones2021 Yes. You own your original lyrics.
@@howardjones2021 As I understand it, you don't share rights with them. You own the copyright and they have to pay you your royalties. The only exception is works or parody and even Weird Al Yankovich asks permission to change the lyrics to make sure he won't be sued by the original artist. And you can get an injunction against them singing their version of your song as well.
Most people who use copyright have absolutely no clue how it works.
I've seen this a lot in the open source community for many years (going back to 2006)
I've heard this case from another youtuber Lenard maybe? you're less long winded reading only important relevant sections nice. The only problem with this ruling is we have limits and statutes of limitations because there should be limits and while they did leave it open for limits it could leave room for abuse 50 years of damages because you used a politicians picture for 50 years on a website because you thought it was public domain 😮
Thanks I would definitely need a lawyer our next Ventures
Iwrote the song that inspired U2s 1st no 1 international hit,,,totally ripped off, thanks Morris Leavy
That was a gross commercial. I'm having difficulty un-seeing it. Not only was it not targeted to me but it grossed me out.
I had never heard of copyright registration. I assume I would do a copyright registration if I made a game, correct? Assuming I ever get past the idea phase.
Could copywriter the vox & arrangement separately?
The supreme court came down with a question.
It sounds like they came down with a flu 😷
Dam copyright law and dam the man 😂 not really 😂 the only thing about copyright is some drug copyright laws will chap my hide. They will patent a drug used in other countries for 20 years then bring it here starting as if a new drug or extensions so they go to lengths nobody else could ever do.
can you put a link to government copyright registration?
Oh; All The/These Webs, Tied Directly 2 I.R.S.?!...Good Luck!
While you are focused on the music industry, as a photographer copyright is the same for other works. If you plan to sell or post online register the works as required by local laws before release.
Copyright law id BULLSHIT. MUSIC, MOVIES etc. should have a 10 year LIMIT!!!!!!!!!!!!!!!!!!!!!!!!!
@stevenbliss989 wrote, “Copyright law id BULLSHIT. MUSIC, MOVIES etc. should have a 10 year LIMIT!!!!!!!!!!!!!!!!!!!!!!!!!”
If your posted/shared photographs, books (literary works), videos/films/documentaries, or music sound-recordings went VIRAL, *I’m pretty certain you’d want to have the current copyright term* so you could continue to receive a steady stream of licensing fees (income) for many years, allowing you to create new works, travel, purchase new things, retire, make charitable donations, etc.
needs to be changed so that you can only own the rights for so many years then they become public property by default, with no option to sell off the rights to anyone, only the creator should ever have the rights and after they die or a set time limit thye rights become generalized i think they call it. copy right and patent laws have held our society's progress down, we are now 10 years at least behind what we should be in terms of the tech we have...
Forget copyright. You stipulated a signed contract and some form of corporate agreement. It appears you are missing a legitimate claim of fraudulent business practices and deceit. This action was renewed each time the defendant perpetuates the lie.
You Tube was first to not list copyright/ date. First thing I noticed about You Tube.
i am absolutely thrilled that i found you!! such goofd stuff!!
we could create great music but the world is a vampire. we could create things that could change the world. cure all disease discover instantaneous travel the world does not want to be changed. Mundus vult decipi, ergo decipiatur”
#4. Registering a copyright makes it easier to transfer in an estate.
How is this an actual copyright case? Isn’t this just someone stealing the funds?
Can i do cover songs on you tube? I see tons of people doing cover songs on you tube and i don't see them getting in trouble, is there something specific i need to do? Does anyone know? I appreciate the help😊
How about theft through fraud? Couldn't he have sued under that?
End of the day if someones rights were civilly infringe based on gross negligence or intentional tort or malfeasance of the other party there really should be no statute of limitations --- but perhaps a higher standard should be held such as being a "serious matter" for instance you might set small claims at a smaller threshold but serious infringements involving large values should not have a statue of limitations especially in cases of willful infringement. I think that the burden to hear these cases should be higher in that it would make sense to have some type of discovery and if it is reasonable on preliminary enquiry that an infringement occurred but was not realized until some later point someone shouldn't be deprived access to international copyright protection as well as injunctions -- BUT I think these matters should be reserved for cases of serious commercial interests, like a 3 year limit may be reasonable for matters under what may be in the 10,000 or less range but for "major interests" for example a willful or grossly negligent infringement especially when someone's song is directly stolen then for sure -- but these claim should be perpetual because copyright to moral and other rights are perpetual not limited to 3 years. It would make sense to have a claim expire 3 years after the copyright expires into the public domain but during the life of a copyright I think it is something ike 70 years after someone's lifetime then all claims relating to those copyrights are still relevant --- however if there is a statute of limitations then the statutory protections might lapse but peoples treaty rights should still be heard by the court, and that those hearing might allude to interpretation under statute. Courts jobs are to insure justice is served, procedure is applicable but if there is a treaty then even if domestic law has made laws to manage that treaty it doesn't limit the treaty it just provides a framework for applying that treaty into domestic law, the extinguishment of the domestic litigations (what was decided by legislators, doesn't in fact limit the treaty claims it only creates a framework that might be applicable when those conditions are applicable so if the statutory procedures expire after three years then the statue may not be used, rather it would fall back on the treaty text in absence of statue much as the statute has to be in agreement with the treaty not the other way around as treaty law has more force than statute. To deny compensation for lifelong harms based upon artificial barriers ins't really "good" fair or reasonable justice, it is a sham process that favors enfranchised persons. If someone made money by robbing you its still your property and you still have rights to it much like any interest accrued off your stolen assets if they were used that is theft and fraud. Not only is it a civil infraction it could be criminal when it involved moneys that were acquired through criminal conduct of fraudulent representation. I do think these should be serious matters though involving more money than legal costs or serious and offensive defamatory moral rights infractions and serious brand damage or those that will be in continuance effect the value of the work including future value. Also reasonable dilligence is made difficult because there is just so much music now it is impossible to be aware of all of it. By the Supremacy Clause, both statutes and treaties “are declared... to be the supreme law of the land, and no superior efficacy is given to either over the other.” 378 As statutes may be held void because they contravene the Constitution, it should follow that treaties may be held void, the Constitution being superior to both. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding. All these are still applicable even if the CFR statute has expired: Contracting Parties United States of America
Member Treaty Signature Instrument In Force Details
United States of America
Beijing Treaty on Audiovisual Performances
June 26, 2012
United States of America
Berne Convention
Accession: November 16, 1988
March 1, 1989
Details
United States of America
Brussels Convention
May 21, 1974
Ratification: December 7, 1984
March 7, 1985
United States of America
Budapest Treaty
April 28, 1977
Acceptance: September 24, 1979
August 19, 1980
Details
United States of America
Hague Agreement
Accession: February 13, 2015
May 13, 2015
Details
United States of America
Madrid Protocol
Accession: August 2, 2003
November 2, 2003
Details
United States of America
Marrakesh VIP Treaty
October 2, 2013
Ratification: February 8, 2019
May 8, 2019
United States of America
Nice Agreement
Accession: February 23, 1972
May 25, 1972
Details
United States of America
Paris Convention
Accession: March 18, 1887
May 30, 1887
Details
United States of America
Patent Cooperation Treaty
June 19, 1970
Ratification: November 26, 1975
January 24, 1978
Details
United States of America
Patent Law Treaty
June 2, 2000
Ratification: September 18, 2013
December 18, 2013
Details
United States of America
Phonograms Convention
October 29, 1971
Ratification: November 26, 1973
March 10, 1974
United States of America
Singapore Treaty
March 28, 2006
Ratification: October 1, 2008
March 16, 2009
United States of America
Strasbourg Agreement
March 24, 1971
Ratification: December 21, 1973
October 7, 1975
United States of America
Trademark Law Treaty
October 28, 1994
Ratification: May 12, 2000
August 12, 2000
United States of America
UPOV Convention
Acceptance: November 12, 1980
November 8, 1981
Details
United States of America
WIPO Convention
July 14, 1967
Ratification: May 25, 1970
August 25, 1970
United States of America
WIPO Copyright Treaty
April 12, 1997
Ratification: September 14, 1999
March 6, 2002
United States of America
WIPO Performances and Phonograms Treaty
April 12, 1997
Ratification: September 14, 1999
May 20, 2002
Details
The courts wouldn't be able to handle all the claims that would pour in. Keep in mind a lot of copyright claims are nuisance claims.
They been going rogue for a while. You should see their ruling on redrawing voter maps in a racist way. We really got to ethier A get some of them out or b add more to get it back to normality.
What legal problems do you forsee for AI generated music?
Forgive me if I'm wording this poorly, but does the copyright registration have to be acquired per WORK or per "entity"? In other words, can a songwriter just get a one-time copyright license (in addition to signing up for a PRO and LLC and whatnot) as a songwriter and be good to go, or does each release (be it song, EP, or album) need its particular copyright registration?
Thanks so much for all of this, btw! lol I've only stumbled across your channel recently, and it's a great (if horrible) reminder of how behind I am on all this stuff 😬😝😂
Thanks for joining the channel! Please feel free to reach out and email me directly at krystle@topmusicattorney.com.
I'm not involved in music or business, but that was very interesting.
The only real art is against the law . All you nerds are giving away free music . Its called pay to play
If you could inform instead of ramble about nothing for most of the time it would be good. This is not good.
Have no interest in what your talking about but definitely still enjoyed it vary enjoyable to look at and listen to .
Lately i have been computerizing all of music I have written since 1978
Con't . . . I have many recordings, but I also hand wrote the music ( before the internet) I noticed that I had registered many of them. Now I just need someone to steal them and make money. Sigh . . . probably won't happen
if i big off of Output Arcade VST plug ins am i gettting sued?
Its music. Your wasting the life god gave u.
U should be a record producer or actress
If I write a book, does that book need to be registered? If I revise the book, do I need to register the revision?
Can a producer sue an artist that he's working with on a song if the artist puts the song out on Distro kid (etc) without his knowledge? ( Even if it doesn't sell and little to no views ). No contract.
Depends on the deal you have with the producer. Did you use his facilities and his time and effort and you gave him nothing in return and didn't even notify him? He might actually own the recording, not you, and you might not have the right to release it. Did you pay him to produce it? Then it was a work for hire and you own it. It depends on the situation.