Shocking Change To Copyright Law By Supreme Court | Lawyer Reacts

[@TopMusicAttorney]

🟡Ready to become your own record label? Get started now!: www.topmusicattorney.com/becomeyourownrecordlabel 📄 Music Contracts Templates: www.topmusicattorney.com/music-contracts 📺 Get Your Music Into Tv/Film/Games: www.topmusicattorney.com/sync 💻 #1 Resource For Artists And Producers: www.topmusicattorney.com ⚖ Hire An Attorney: www.delgadoentertainmentlaw.com 📰 Get My Newsletter: www.topmusicattorney.com/newsletter/ 🎧 Listen To The TMA Podcast On All Streaming: www.topmusicattorney.com/podcast 🟢 Free Stuff: www.topmusicattorney.com/free-stuff

[@crimsonhawk4912]

I laughed at people like you, now I realize the laws are so backwards. Good work. 🍻. We let this dumb shit happen to us.

[@SteveMingsmusicchannel]

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 KZbin 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?

[@RoydjoJonathaniel]

Hello Ms Krystle, Love your show! I am writing to ask if you have heard of Subvert? It's this new Bandcamp like business but it's owned and run by artists, they are open now for founding members and you become a co-owner, I thought you would be perfect for it! You could also do an episode about it, maybe interview some of the people behind it and get the word out about it. A new direct to fan music and merch sight run by its members. Subvert. Thanks, Roy

[@Monkey07-k8r]

how do i sue distrokid ? ive lost 1,5 million usd in revenue

[@clintonwilcox4690]

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.

[@theofficialdiamondlou2418]

Agreed ….

[@JohnFrusco]

It needs to be limited. 70 years after the life of the author? PATENTS don't last that long

[@clintonwilcox4690]

@@JohnFrusco Exactly. They keep pushing it back to help record companies but it harms individual musicians who aren't so connected.

[@JohnFrusco]

@@clintonwilcox4690 Detached opinion ( No dog in the Hunt). A record company LOVES guys like Kurt Cobain & Jim Morrison. Simple Tic Tac Toe.

[@JaredMerlin]

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 KZbin channel but music of my own that one day I want to release on KZbin. Thanks you!

[@theprophetminstrel1597]

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.

[@TopMusicAttorney]

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!

[@SinewaveSinatra]

This seems like more of the classic Hollywood proverb *always get it in writing!* -- I NEVER understood why friends refuse to sign contracts. If there is "nothing to worry about" then why won't you sign? Having a friend steal from you is awful, but being naive and not signing a legally binding document is needlessly naive. It's not a victimless situation imo. Know your surroundings and stand up for yourself. The music industry is like cigarettes...it's not the dangers are unknown by any means.

[@JohnFrusco]

Um Marvin Gaye was shot by his own father in Philadelphia April 1st, 1984 ( April Fools- No Joke) . Why should ANYBODY be fighting over it on his behalf? Don't think you have anything signed by Marvin, right ? lol and realize this is an unpopular opinion but unless Renaldo "Obie" Benson or Al Cleveland want to pay to rehab Marvin's old neighborhood or create a trust in Marvin's name ? WHO CARES.

[@AnhedoniaParty]

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!

[@isettech]

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.

[@mrNCSUman]

Idk what stores you be in, but food lion still plays music

[@danpetitpas]

@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.

[@nomore6167]

"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".

[@jamesshelton1124]

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

[@mrNCSUman]

@@jamesshelton1124 exactly

[@johnnybourbon4823]

As a Canadian intellectual property attorney, I enjoyed your analysis of this SCOTUS decision and your very good advice to artists.

[@RPSchonherr]

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.

[@TopMusicAttorney]

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]

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?

[@TheEvilDrR]

@@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.

[@thesonnytackettshow7949]

@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.

[@thesonnytackettshow7949]

@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.

[@ThatOrko]

Thanks for watching

[@TopMusicAttorney]

Let's gooooo 🔥

[@SanchoSanto]

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.

[@foto21]

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!

[@TopMusicAttorney]

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!

[@foto21]

@@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.

[@PianoVampire]

@@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.

[@TheEvilDrR]

@@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.

[@ticktwot]

@@TopMusicAttorney There is no such agency in the UK.

[@Schuda]

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.

[@SuperSmashDolls]

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.

[@Schuda]

@@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]

You can copyright the song country by country. Most major record companies and unions have representatives in most countries that can do this.

[@Schuda]

@@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.

[@MaliV.Williams]

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!!

[@tonyqunta32]

Thanks for clarifying this very important change! 👍

[@djoddme]

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.

[@ItsJustAdrean]

Hire a lawyer to sue them for stealing your intellectual property?

[@Revontuletband]

Hi, Krystle! You mentioned registering an album of songs, but from what I can see there's two options now: registering a group of sound recordings or a group of musical works. As far as I know, we used to be able to copyright the actual composition (music and lyrics) while registering a sound recording (it seems it's still available for unpublished works), but it seems like now it's two separate things. Do we need to register both? What are the differences in actual practice between these two copyrights?

[@frankandrews40]

Once again you have brilliantly broken down and simplified this complex subject. Get your copyright registered.

[@TopMusicAttorney]

⚖️🙏

[@scourgerecords6590]

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.

[@HeavyBells]

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)?

[@chrisray1567]

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.

[@yurkstudios]

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?

[@ZiddersRooFurry]

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.

[@TopMusicAttorney]

Contact an attorney, stat! Email my legal assistant so we can get more info and see if we can help (Tremain): [e-mail] ⚖️🙏

[@fattalbert225]

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?

[@sh100bee]

My band members live in Canada and Japan. Do we register our music for copyright in both countries, one country, or somewhere else?

[@TopMusicAttorney]

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!

[@SB-qj3cn]

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?

[@MattCampbellArt1]

15:36 So, if I have created something more than three months ago and didn't get the copyright registration yet then even if I did it now it still wouldn't cover statutory damages or attorney fees?

[@danpetitpas]

As I understand it, you can do it right up until a lawsuit is brought.

[@MrBigo27]

That’s why I usually copyright 10 songs at a time for the price of one.

[@Drvik_]

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

[@MrBigo27]

@@Drvik_ You can copy up to 10’ songs/compositions at a time. I have done it online.

[@TopMusicAttorney]

💪

[@a9ball1]

That's not a bad idea. One of those easy things that you don't think of.

[@TheEvilDrR]

@@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.

[@miami8089]

I was trying to figure out what happened between Tony Butler and Sherman Nealy and this video has the best explanation. Thank you for posting

[@lextowco]

I paid 85 for 10 songs to be copyright registration just yesterday.

[@1masterfader]

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.

[@Mdjagg]

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.

[@papabois5001]

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👊

[@byronmarsh1352]

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.

[@TheEvilDrR]

@@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.

[@ktrimbach5771]

@@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.

[@vertigosuite]

i am absolutely thrilled that i found you!! such goofd stuff!!

[@TobyCatVA]

So even when we create the government is there to leech away money as a fee to show ownership, before we see a dime.

[@OGFantum]

They always want something from any ideas or work you do on your own. Smh

[@frankwalder3608]

If I write a book, does that book need to be registered? If I revise the book, do I need to register the revision?

[@andreagreene7574]

Thank you for the info. I was wondering do I have to file both SR and PA with the copyright office or is SR enough?

[@newlenmedia]

So, let's say I wrote a song or songs and copyrighted them through the copyright office under my name. Then I took said songs and introduced them to my band. The guitarist ads some intro/outro bits, writes his own solo and maybe changes up some of the chord progressions and the licks to fit his style. Then the drummer writes his own drum lines and fills. The bassist and keyboardist come up with their own parts. We record them with the intent of releasing an album. Who owns the copyright? Am I still the sole copyright owner or can I add my bandmates by resubmitting the song or songs to the copyright office? How does that work?

[@danpetitpas]

These days, right when a song is recorded, the producer will usually sit down with the band and figure out who did what and what percentage of the song they created and how the royalties should be split. This will save money on lawsuits in the future. If you came in with a fully fleshed out song, you might be able to keep the full copyright, but you may want to share some of the royalties especially if chords were changed. Just a few years ago, the organist on "A Whiter Shade of Pale" sued and won 10% of the royalties on the song when a judge found that the organ intro was an inseparable part of the song. However Jimmy Paige won the lawsuit on "Stairway to Heaven" over the guitar intro when it was ruled to be just a chord progression.

[@jermcosby]

if i big off of Output Arcade VST plug ins am i gettting sued?

[@tomcibulskis7649]

Great video, useful information for songwriters. You summarized a lot of the law for us here, thank you. I have a lot of songs written and thankfully have not published anything yet lol. As a Licensed Structural Engineer, I feel that copyright law is meant to protect us all. I am glad it exists.

[@ktrimbach5771]

Typical corporate shenanigans. “Sure we infringed on your copyright, but the statue of limitations has passed.” And then they go on using it 😡

[@nomore6167]

"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.

[@plasticvideo]

can you put a link to government copyright registration?

[@rogerswift777magicianmusic6]

Very helpful 🙏🏻 My question is; so there is a federal registry? Because I saw A North Carolina State Registration and the fee there is $250 and the piece 🎼 can’t be public yet..all this stuff that got me lost. But you mentioned $65 fee to get that valuable paper 📄 for copyright infringement and or any legal. What site 🧑🏻‍💻 is that? Thank you for sharing 👍🏻✌🏻

[@TopMusicAttorney]

Great question! I am not aware of any international registry. In the US, the federal registry is the Copyright Office. Go to Copyright.gov to register your works! Glad you can be here! Livestream this Wednesday at 5pm PST if you want to join the conversation!

[@louiewashere3]

In the mean time before you can get a copyright filed can you take your written work to a Notary Public and have it notarized??

[@danpetitpas]

Well, if someone has already stolen your work, that will be too late. You want to get that copyright notice before any lawsuits are undertaken.

[@ignazachenbach5406]

I thought interpolation was taking the melody from a song and applying it to a different set of lyrics.

[@Karlfalcon]

Interesting! Theroretically, would this decision have bearing on a case like the infamous Men At Work "Down Under" / "Kookaburra" suit?

[@JAM7000]

Where do I go for a copyright registration?? The only office I found doing a google search is in Washington DC. I'm in Austin, TX...

[@georgebarry8640]

Its online at the Library of Congress,office of Copyrights. Ya know that terrible federal goverment that so many complain about. Yeah them. They make it ez to file and have a legal claim to your creation. During the DJT error..I mean era that office actually closed down a few times!!!! And nothing could be copyrighted!! He sure knows how to run things. Since the new admin is in, its up 24/7 online.

[@TopMusicAttorney]

Go to copyright.gov ⚖️ This is the official website! Appreciate you being here 🙌 Come by the live show this Wednesday at 5pm PST to join the conversation!

[@TopMusicAttorney]

You are correct! 🙌 bring that expertise to the conversation this Wednesday at 5pm PST here!

[@betornween]

​@@georgebarry8640Yeah, the entire government shutdown fighting over our money. The nerve of that guy with hundreds, if not thousands (gotta be the biggest you know) of copyrights himself.

[@Tizzer]

This is super useful. Also makes me think about how many more small artists could afford to protect their music if streaming services paid artists more than a feaction of a cent per stream.

[@autumnpost549]

Hello! Thanks for this video. Would you say it's better to copyright each song separately or to make "an album" so it's not so much money? Thanks!

[@cnlicnli]

@autumnpost549 wrote, “Would you say it's better to copyright [register] each song separately or to make "an album" so it's not so much money?” It’s your choice. You can register ONE song composition with or without its corresponding sound-recording for $45 using the “Single Application” (aka *One Work By One Author)* if, and only if, you SOLELY authored ALL creative elements (of both works). Otherwise, it’s $65 to register ONE work with or without its corresponding sound-recording by using the “Standard Application.” To save money on registration filing fees, you can “group-register” in a single application from two to ten *UN-published* musical works with or without its corresponding *UN-published* sound-recordings via the ““Group Registration of Unpublished Works” (GRUW) application for $85 - you can NOT include any published content with the GRUW application. You can also group-register your musical compositions that are first-published on the same album for $65 via the “Musical Works from an Album” registration application. And you can group-register from two to 20 sound-recordings on the same published album (including the corresponding photographs, artwork, and liner notes) for $65 via the “Sound Recordings from an Album” application. If you’re creating both the musical composition/s AND its sound-recordings, you need to register both works to be best protected. If you only register your sound-recordings, and someone infringes just your song compositions, you’re not protected. There are other requirements, not listed here, to QUALIFY for the listed copyright registration applications.

[@BestJerome]

Thank you for your easy-to-understand explanation! SIDENOTE: I appreciate the eye-catching ring on your left hand that seems to complement your highlights.

[@TopMusicAttorney]

Rings are the best 😎 Thank for watching! Come by the Livestream Wednesday at 5pm PST 🙌

[@djtlotoka]

I just enjoy watching a smart young respectable, knowledgeable woman. I wish that on my daughters. God bless.

[@universalvibe72]

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.

[@TopMusicAttorney]

Glad you can be here! Livestream this Wednesday at 5pm PST if you want to join the conversation!

[@dr.c9461]

Excellent advice Krystle. Thanks a lot.

[@ChrstnSmrvllMsc]

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 😬😝😂

[@TopMusicAttorney]

Thanks for joining the channel! Please feel free to reach out and email me directly at [e-mail].

[@theartistone5860]

Good advice, I have all my music registered with the copyright office

[@musiqtee]

This is how copyright under the Bern Convention is different. There IS a difference in _art_ and ideas/produce/other IP - where protection of works of art is self emergent, not bound to process. Rights derived hereof often have time frames towards claims - but not towards the _ownership_ of the author (writer) rights. They are separate from the production rights (recording etc.), as the origin is not transferable. You don’t “sell” songwriting, you extend rights of use. And _then_ copyright gets complicated… Nealy would probably lose on derived rights (performance, audio manifestations, other media…) but not towards the author’s rights. We discussed this with US counterparts since the mid 90s (my small partaking), but never got anywhere… Good thing you have lawyers, and I really support t.m.a. for revealing aggregators’ and services’ malpractices…! 👍

[@outsider2638]

So sad that almost the whole world got caught in this in the American copyright madness.

[@clarkofficial.]

So if I was to release a cover song and sell it on Apple Spotify, what do I need to do to do that?

[@danpetitpas]

You can use a company like District Hit to pay the songwriting royalties on the song for you. Otherwise, it's a laborious process to get your own songwriting license.

[@peanut6utton]

priceless information here !! 🍎

[@magneticpitch]

is there a maximum number of songs you can register at the same time on the same application?

[@TopMusicAttorney]

The last I asked the copyright office, they said there is no limit, as long as all author info is the same! I wonder if anyone has ever tested this... 700 songs later... 😅 Appreciate you being here 🙌 Come by the live show this Wednesday at 5pm PST to join the conversation!

[@washingtonradio]

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.

[@melbourneacservicesinc7272]

Thank you very much for the information for all of us musicians that are out of the loop. My question you mentioned registering a copyright as an album. I have several songs that need to be copywritten, is it possible to take these three songs and combine them in an album for Copyright? If so, could you please explain how to do this thank you very much.

[@danpetitpas]

You can submit up to 10 songs (or poems) together. They don't have to be an official album.

[@melbourneacservicesinc7272]

@@danpetitpas Thank you I will be getting this started

[@RelaxGabriel]

Thanks for the heads-up! What's the best way to keep my registrations organized?

[@TopMusicAttorney]

Scan them in and have a dedicated folder in a cloud storage option like Dropbox, as well as on your computer!

[@cnlicnli]

“What's the best way to keep my registrations organized?” In the MAIN title section of my copyright registration application, I sequentially number each of my registrations (1, 2, 3, etc.), include my name, title of the work/CD, and other information to help make my work searchable via the USCO’s on-line Public Catalog database. I store my registrations in my home office filing cabinet: In a marked folder (1, 2, 3, etc.), I include a copy of my issued Certificate of Registration + my CD music + notes pertaining to my registration. I have a back-up copy on my computer desktop (“Copyright Registrations”) and in my bank’s safety deposit box (with the original Certificate). I use the following scheme to identify my MAIN copyright registration title: James E. Smith registration no. 1, published CD album titled Blue Sky, 07202023 [date of registration]; James E. Smith registration no. 2, unpublished CD album titled Going West, 05292024.

[@rychmccain3832]

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.

[@HappyQuailsLC]

Isn't "nearly soon after" the same as not truly "soon after" at all?

[@Laszlo34]

Wow! Brilliant AND lovely! That hair is awesome! Thanks for the great info and all the videos!

[@DiZedQuest]

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....😎😎

[@Kahnanesgi]

While the presentation was heavily music focused, this information is incredibly important to all aspects of creative media. As a written word artist, i found all of this to be very relative and informative to what I personally create, and learned important things to put into the back of my head and into practice. Thank you.

[@deadman746]

*_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)

[@irawardofficial]

Good video !! It's a tough business :). I have had a lot of song ideals stolen from me. One of the hard things back in the days was, you had to prove how the accused heard your song. I had WC Sweden as my publisher back then, then infringement happened in London but we couldn't prove how they heard the of the song. The song know as "Sure" by Take That, huge hit. Stole my chord progressions straight up and down !!

[@ktrimbach5771]

There are a limited number of chords or arrangement of such. They should not be copyrightable.

[@Ancestors-of-the-4-Directions]

You can't steal chord progressions according to the court. Only melodies and lyrics.

[@danpetitpas]

Ideas can't be copyrighted.

[@irawardofficial]

@@Ancestors-of-the-4-Directions It depends on the "melodic" structure of the chords and the key signature. They had both :).

[@irawardofficial]

@@danpetitpas It depends...

[@undert0nemedia]

This is actually great information, thanks! Just wondering though, has the copyright office lowered the price back to $65, 'cause for the last several years, I've had to pay $85?

[@cnlicnli]

Were those musical works UN-published? If so, you were registering via the $85 GRUW registration application. The USCO has made available two (new) eCO registration applications for works published on an album at $65ea: “Musical works (composition) from the same album”; or “sound-recordings, photographs, artwork, liner notes from the same album (limited to 20 sound-recordings).”

[@ehsnils]

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.

[@tonycortezzaofficial]

Ola! How can I reach you regarding my original song composition being falsely accused of copyright infringement by RIAA on KZbin? I would like to hire you for my case. Thank you, Tony

[@danpetitpas]

That happens all the time. You have to contact KZbin 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 KZbinr 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.

[@tonycortezzaofficial]

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

[@jemmahooper7415]

@TopMusicAttorney Responding from Australia. Given that most of the streaming and distribution services (and many synch markets) are US based, and their contracts specify that disputes are to be settled by courts in specific states in the USA, what's the impact of this on musicians and composers outside the USA? Do we ALSO have to register copyright with the US Copyright office in order to recover damages? Does registration of ownership with a PRO (even a non-American one) provide similar protection?

[@jemmahooper7415]

Just to clarify - there is no copyright registration office in Australia, so there's no equivalent applicable statutory registration. Our PROs are the closest thing we have to an assertion of ownership and copyright.

[@cnlicnli]

“Do we ALSO have to register copyright with the US Copyright office in order to recover damages?” One of the first things a US copyright attorney will ask you, “Jemma, did you *'timely'* register your work with the US Copyright Office?” I hope you answer, “YES!” “Timely” means to register the work before the infringement begins or registered within three-months of its first-date of publication. If a non-Fair Use US-based copyright infringer is exploiting your international work without a permission license, and you want them to pay you money damages (and possibly your attorney fees post-trial), you MUST timely register. Most all US copyright infringement disputes are settled out of court - it’s rare to see one reach post-trial, as the cost to litigate can be protracted and *COSTLY.* With your timely registration in hand, and assuming there are no Fair Use issues + the infringer is not judgement proof (can pay you damages) + you’ve captured evidence of the unlicensed use, most infringes will settle out of court. Otherwise, they can be liable for your US attorney fees & legal costs. Your timely issued copyright “Certificate of Registration” (that the USCO will mail you) is your LEVERAGE against US-based infringers. If, on the other hand, you’re wealthy, then you don’t have to register! Also, you might be able to use your US-issued Certificate of Registration as “presumptive proof” of your copyright creation & ownership claims against infringers located in other Berne countries, especially if their country doesn’t have a formal copyright registration system. The US Copyright Office is part of the United States government. I’m pretty sure other countries would respect + honor legal documents produced by the US.

[@danpetitpas]

I think you should. That registration document would be good in any court in the world if there was a copyright case regarding proof of authorship.

[@Axel-Live]

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 KZbin thumbnail that you created?

[@TopMusicAttorney]

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!

[@howardjones2021]

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?

[@CoryRayGordonMusic]

​@howardjones2021 Yes. You own your original lyrics.

[@danpetitpas]

@@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.

[@ThriveAliveJoshua]

Grateful for your videos. Thank you.

[@JadeAislin]

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.

[@SteviePunxxxter]

Good stuff! thanks, Yo!!!

[@chrisray1567]

IMO, what makes the discovery rule applicable here is not about whether a copyright holder should constantly check streaming services for infringing content, but that the friend actively hid the infringement by lying about it. I think it’s reasonable to trust your friends.

[@LynnColeMusic]

Y'know, I'm really enjoying this channel.

[@michaelvaughn7137]

Have no interest in what your talking about but definitely still enjoyed it vary enjoyable to look at and listen to .

[@ASDPOWER]

Here in Aus its like this: Love your content!!! You don’t need to register for copyright in Australia. The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia. Copyright protection is free and automatic under the Copyright Act 1968.

[@ktrimbach5771]

But how do you collect for infringement? That’s the big question.

[@cnlicnli]

@ASDPOWER wrote, “You don’t need to register for copyright in Australia. The moment an idea or creative concept is documented on paper or electronically it is automatically protected by copyright in Australia.” In 170+ countries who are signatory to the *Berne Convention* (an international copyright agreement), including Australia *AND the US,* copyright is granted immediately & automatically upon creation and affixation of a work of authorship. No formal copyright registration or copyright notice is required, and each country grants other Berne countries with reciprocal copyright protection (US:Aus -- Aus:US). The US copyright system is very much a “vetting” process to help authenticate copyright claims (to make sure the work actually fits within the scope of US copyright subject matter and includes a sufficient amount a creative expression, which is not necessarily a lot). For example, simple shapes (a square or triangle design) & familiar symbols (a heart, an arrow, etc.) are not copyrightable by themselves. In addition, short phrases, a name/s, number/s, and simple drawings of familiar items are also not copyrightable. Works solely made by AI are not copyrightable. An issued US *“Certificate of Registration”* (that is mailed to the copyright owner) is *“presumptive legal proof” (evidence!)* of the facts stated in the copyright registration application (when the work was registered, who’s the copyright author/claimant, date of first-publication or creation, etc.) and deposit (what’s being registered). Time-stamping the creation of your work via your computer can be faked/manipulated. On the other hand, it’s almost impossible to forge a US Certificate of Registration, as a copy is matched up at USCO’s on-line Public Catalog database that anyone can access for free. Australians, UK/EU artists, and other Berne Convention creatives, who want to pursue a copyright infringer located in the US, do NOT have to register their works with the US Copyright Office/USCO. However, they are ONLY entitled to “actual damages” - typically the missed licensing fee they would have received or the cost of the infringed products -- and the US infringer’s “disgorged profits” (if any!), and those damages tend to me low. Importantly, they can NOT recoup their US attorney fees & legal costs, making it, too often, *un-economical* to pursue US-based infringers. If, however, you and other Berne Convention creatives, including US artists, have timely registered your infringed work with the USCO, you can pursue statutory money damages from US$750 to US$30,000 and up to US$150,000 for *willfull* copyright infringement. At the federal judge’s discretion, the US copyright infringer may have to pay for your attorney fees & legal costs. (The United States, on the other hand, requires its OWN citizens to register their copyright claims to have “legal standing” to pursue infringers through its federal court. In part, the US Library of Congress wants its citizens to mail copies of their published works of authorship to grow its archive.) I bet you could use your issued US copyright Certificate of Registration against infringers located in other countries as evidence of your copyright creation. Courts outside the US would likely honor documents created by the USCO. What would you rather have: A time/date-stamp from your computer; or a legal document issued by the United States government (USCO). If you skip “timely” registering your works with the USCO, at the very least affix them with a watermark, logo, your copyright attribution, robust metadata, and other “Copyright Management Information” (CMI). US-based copyright infringers who knowingly remove, cover-up, or change CMI (watermarks) with AI, apps, Photoshop, or any editing software to hide their copyright infringements or induce others to infringed, can be liable for your actual money damages & profits OR US$2,500 to US$25,000 in statutory damages PLUS attorney fees PLUS legal costs (at the court’s discretion). So, international & Australian creatives, who want to pursue US-based, non-Fair Use copyright infringers, can receive MANY legal dividends if they timely (quickly) register their works with the USCO.

[@danpetitpas]

@@ktrimbach5771 I would think it's more difficult to prove in Australia. Each side would have witnesses supporting their side of the story.

[@oldskoolfunkandsoul1]

WHERE DO I OFFICIALLY GO TO REGISTER COPYRIGHT IF IM LIVING IN THE UK CITIZEN??

[@SuperSmashDolls]

Nowhere, the UK doesn't have copyright registration, you can just sue. You also have copyright small claims court (so does the US but the US version suuuucks) If you need to sue in the US you have to register with the US copyright office first.

[@soulofwaves]

If I'm not a US citizen I assume having a copyright registration from my country is the equivalent, isn't it?

[@cnlicnli]

If you & other international creatives are listing, selling, licensing, sharing, or further distributing your works on US platforms, you should quickly register them with the US Copyright Office, as that will provide you with the STRONGEST protection against US-based copyright infringers!

[@soulofwaves]

@@cnlicnli thank you. I'm still a very small artist but I will have to eventually do this. I assume the cost is the same for everyone, right?

[@danpetitpas]

@@soulofwaves Yup.

[@MarcumUP]

is my music coywrited and protected through my diistributor ?( Distro Kid) ive been floating on the idea that i was covered in that area through distributing with a service.. sounds a little silly when i hear myself say it but, i still need to know..also what to do if you wd be so kind

[@danpetitpas]

Nothing on their website indicates they copyright music. They only distribute and collect and pay royalties.

[@antgeeze7129]

WOw. The stories hit home

[@ObscureMachines]

"Get your gavels" 😅 I can appreciate lawyer humor. I imagine a class of kids in judge gowns with gavels

[@TopMusicAttorney]

I don't think you're too far off 😅 Glad you could watch. Come by Wednesday at 5pm PST for the Livestream! 🙌

[@cfmpam498230]

Like the highlites !!! Try Blue or Purple also !!! This is why copyright should not have a time limit to go back !!! This rule is solely to allow bad actors to get away with corruption/lying !!! These laws were added to help the music industry to keep the profits from the artists !!!

[@warthogA10]

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)

[@WilliamArrington-m7d]

He has a claim because fraud was commited when the person lied about the deals.

[@JoeBOU812]

I need her on retainer! Thank you so much.

[@redstrat1234]

I'm not involved in music or business, but that was very interesting.

[@davidcottrell1308]

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.

[@asole100]

😂 Usually I dislike when people do this but I'm actually glad it was nothing bad therefore I'm happy either way.

[@Soul_Avery]

Standard for KZbin

[@asole100]

@@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.

[@brendonw456]

Considering the history of copyright law, the "sensible decision" being made actually is pretty shocking

[@brendonw456]

​@@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.

[@Snarkapotamus]

#4. Registering a copyright makes it easier to transfer in an estate.

[@paranormalcollectiveofaz]

Appreciate the breakdown 🙌🏻

[@TopMusicAttorney]

Let's go! 🔥

[@HarleyMace]

Interesting that Warner Chappel doesn't contest they violated his rights, simply that Nealy was too late to do anything about it. This could set a dangerous president because it would mean anyone can get away with copyright infringement as long as they are not caught within 3 years of doing it.

[@witwisniewski2280]

When people are not spontaneously honest, you need infinitely many laws and precedence to try to maintain justice. Intrinsic honesty is the glue that makes civilization function and evolve.

[@HolyBaldWonder]

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?

[@ravenhawke5]

***Hypothetical question*** What if you used a certain distributor to release your music and, in the process, opted out of their sync license option, then later, you hear your song in a movie, tv show, commercial, or video game, but the distributor isn't paying your royalties for the sync licensing because you opted out of it? This is just a hypothetical situation. It has not happened to myself or anyone I know. But seeing and hearing about some of the Shady sh*t that distributors have done and still do. It's something I wouldn't put past some of them to try

[@TopMusicAttorney]

In that situation, you may have a claim for copyright infringement. The distributor would need to have a contractual right to place your music!

[@Juststartingout768]

So, now that the law says you can go back more than 3 yrs, and all the musicians who were given three yrs payments in a prior court case go back and demand the rest of it the new ruling says they are owed?

[@danpetitpas]

Not necessarily. The ruling only applies in this case. I would say where Neely's friend took all the money and kept telling Neely there was no money, that Neely was grossly defrauded and the judges took that into consideration. Such decisions would be on a case-by-case basis.

[@philissogers4272]

What do you think about song secure ?

[@TopMusicAttorney]

Big no from me. I did a video exposing them. kzbin.info/www/bejne/Z6Wll2tshJ15rJosi=SNqQujzV1uveDAaI

[@banditone7896]

Confession: I'm not exactly sure how I found myself watching your content. Based solely on your hair style and finger jewelry, I would imagine that we are on opposite sides of the political spectrum. That said, I appreciate your legal insight on the subject. I am a new subscriber and look forward to seeing more insights to your legal opinions. I enjoyed this video and look forward to your next production,

[@TopMusicAttorney]

Glad you can join the fam, Bandit 😎 Come by the Livestream Wednesday at 5pm PST 🙌

[@banditone7896]

@@TopMusicAttorney Will do!

[@MarcumUP]

I love her!

[@TopMusicAttorney]

🫶 Glad you can be here! Livestream this Wednesday at 5pm PST if you want to join the conversation!

[@allengoodwin7043]

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. 😂

[@mofost1]

Could copywriter the vox & arrangement separately?