An Introduction to Copyright
Church musicians often ask about the requirements of copyright notice and registration, and, so we thought a brief discussion might be helpful. These comments pertain to copyright law in the United States only. In general, under current copyright law, a work is automatically “copyrighted” upon its creation. A manuscript, lyrics, or a sound recording enjoy copyright protection even if a copyright notice is omitted and the work is not registered with the U.S. Copyright Office.
In 1989 when the United States joined the Berne Convention, an international copyright treaty, we had to conform our copyright law with the laws of other Berne countries by eliminating any notice or registration requirements for protection. Nevertheless, even though copyright notice is no longer required, placement of a copyright notice on your original manuscripts or other works of authorship is strongly recommended. Using a copyright notice preserves special legal remedies and provides additional international protection in the event someone plagiarizes your work.
A special danger arises from posting original material on the internet without a copyright notice. Postings to web pages, discussion forums and bulletin boards actually comprise publications of your work. The copyright notice should state “Copyright © [year of creation] [name of author].” We also sometimes add “All rights reserved.” The “©“ is an international symbol and should not be omitted or substituted with “(c).” Sound recordings require a different copyright notice using a “p” in a circle instead of “©.”
Whether and when to register are more complex issues. If you are submitting an unpublished manuscript to a reputable publisher, the general practice is to allow the publisher to register the work as your assignee under your publication contract. Registration, like notice, provides valuable, if not essential, legal rights. In particular, registration qualifies you for awards of statutory damages, costs, and attorneys’ fees. Most people would not even bother filing an infringement suit if they were not eligible for these remedies. Furthermore, registration is actually a prerequisite for instituting a copyright infringement suit in federal court. The Copyright Office has several excellent circulars on copyright notice and registration which you may consult for more information on these topics.
Why Observe the Copyright Law?
Publicized reports of blatant copyright infringement, such as the unauthorized downloading of recordings on the internet, may leave you asking: “Why should I respect the copyright law?” Well, there are two primary reasons.
First, observance is in your own self-interest. When you violate the copyright law, you risk your professional reputation. Let us assume, for example, that you direct a choir that sings from photocopied music. A choir member or other individual at your church or school who dislikes you, for whatever reason, reports you to the music publisher. The publisher then contacts your superiors and commences an inquiry that may very well culminate in the loss of your job, along with considerable embarrassment and personal liability. Some publishers actually hire private investigators to document the infringement prior to contacting the school or church. Though this scenario may seem unlikely, careers have indeed been ruined in precisely this way.
Beyond personal self-interest, copyright compliance yields societal dividends. Consider the composers and arrangers whose livelihood depends on the royalties and revenues derived from the proper purchase and use of their work product. Our Founding Fathers recognized the broad benefits to society at large of affording a limited monopoly as a creative inducement. Accordingly, copyright protection is a fundamental tenet of our Constitution expressly to encourage and promote the arts. To fully reap these benefits, we must rely on individual honor. For the same reasons that we would never visit an unattended roadside fruit stand and take a bushel of tomatoes without leaving any money for the farmer who grew them, we also observe the copyright law. When the honor system works and we pay for what we use, we are upholding our values and contributing to what makes America a great country. As you can see, observance does have important ramifications.
This article is not intended as legal advice, particularly since laws and procedures change frequently, and are subject to differing interpretations. You should consult your own attorney about your specific copyright issues. ~ fine
Robert A. Monath has served as an appellate law clerk, general practitioner, business law professor and in-house publishing counsel. Rob advises clients in the principal areas of copyright and trademark, as well as in the related areas of entertainment law, internet law, licensing and trade secrets. He has successfully prosecuted and defended several federal copyright infringement actions. Law firms routinely associate him to consult on copyright issues, and he lectures on copyright law at various conferences and seminars throughout the country. Rob presently serves as counsel and business advisor to a number of music publishers, including Hinshaw Music. He holds degrees from the University of North Carolina at Chapel Hill in English (B.A., Phi Beta Kappa, 1982) and Law (J.D., 1985). He speaks Spanish and is an avid amateur photographer and guitarist. For additional information on copyright questions, please ask our expert Rob at www.creatormagazine.com.