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Fascinating story about the consequences of sharing your art in the Internet age

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40hz:
And if they can make money in perpetuity off of the sale of that work
-wraith808 (March 21, 2011, 05:01 PM)
--- End quote ---

Pretty big if. Right now it looks like the so-called 'pirates' are winning.

Besides, it's not the artists who are benefiting all that much from any of this. As a musician, the only change I can see is who is going to rip me off this time around. It used to be the recording industry. Now it looks like it's the fans.

Either way, in my end of the pool, it's business as usual. The creators still only get a pittance, if that. :-\

The real change is that the distributor's percentage of the take is now what's being threatened.  :mrgreen:

But as long as people are willing to pay to hear a band play live (and I'm still able to do it) I can have some hope of making an income from music.

However, I think those golden days of getting popular enough to become a millionaire, and then retiring to your mansion and private studio to become a multi-millionaire purely from the sale of your recordings, is soon to be a thing of the past.

"Those were the days my friends..."  ;D



.

ak_:
rxantos> It's funny you use the "inventor" analogy because it actually works exactly the same. An inventor creates a machine and then every person (or hospital) who wants to use it has to pay and yes, the inventor received money when his invention is sold. And there isn't one unique machine, so when an inventor sells his machine, he can still use the one he has if he wants to. It's the same with pictures : one guy creates a picture and if someone wants to use it (for an article, a book cover, a poster etc), he has to pay to appropriate amount. If people keep on using the picture over and over for the rest of the artist's life then he receives money his entire life, but it's rarely the case.

The part about what you think is art or not is irrelevant, and so is the discussion about inspiration, in my opinion.

40hz:
The part about what you think is art or not is irrelevant,
-ak_ (March 21, 2011, 06:17 PM)
--- End quote ---

Actually, what we may think is 'art' is very relevant. Especially when you're looking to register a copyright.

The copyright office will not grant a copyright unless you can demonstrate there's sufficient creative effort and input for your submission to be accepted by the examiner as a true creative work. If they think what you submitted is either too simple or obvious, they won't grant your registration request. So it comes down to subjective judgment even though there are fairly clear guidelines the examiners are supposed to follow.

 8)

J-Mac:
The "Copyright Office"? As soon as you publish any work publicly, in any format that the public has access to, it is automatically copyrighted. No registration is required unless you want to sue someone for copyright infringement. Otherwise you don’t need to do anything. Here's some quotes from the US Copyright Office's FAQ:

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.
--- End quote ---

40hz:
The "Copyright Office"? As soon as you publish any work publicly, in any format that the public has access to, it is automatically copyrighted. No registration is required unless you want to sue someone for copyright infringement. Otherwise you don’t need to do anything.
-J-Mac (March 21, 2011, 10:13 PM)
--- End quote ---


Yup, I'm aware of that.   :) :Thmbsup:

It's one of those pieces of advice that is legally correct but still not very smart. Put it right up there with the advisability of making a "citizen's arrest"  - or walking down a city street while holding a loaded firearm in plain sight. Both acts are technically legal in most places too. ;)

So while it's true you don't need to register a copyright to be technically protected by it, you do need to register in order to obtain statutory remedies. That pretty much means if you want to assert your legal rights in any meaningful way, you'll need to register. If that's not something you care about, then from my perspective, the entire issue of copyright shouldn't matter to you either.

Unfortunately, it's not just a case of whether or not you think you may ever sue somebody else. Lawsuits are double-edged swords. In this litigious world you're equally likely to be sued. So you may find yourself wishing you had registered should somebody decide to go after you claiming that your work is infringing on their copyright. In a showdown between two parties in an infringement case, the person who first registered is given the benefit of the doubt for having claim to the work.

Not having a registration may also create problems when you go to license or sell your work. Some clients will ask to see a copy of your registration in order to verify that what you're selling them is, in fact, yours to sell. Movie producers, national advertising campaigns, many book publishers (and anybody else who routinely gets sued) will often ask for this.

However, it isn't necessary to register each individual piece of work in most cases. You are allowed to group similar things (music, stories, art, etc.) into collections and copyright those, thereby gaining the same statutory protections you'd get by registering each individual piece.

Registering a copyright is inexpensive and very easy to do. In the USA, it can usually be done completely online.

It's a cheap form of insurance. If you think you may ever need it, don't wait until you actually do.  :)

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