ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
Some seniors spend their free time doing the things that they enjoy. If writing music is something that you enjoy, you should consider protecting your creative work.
Horror stories abound in the music field about songwriters who neglect to properly protect their compositions. Fortunes have been made by unscrupulous members of the music industry who perform, record and sell original works which are fair game due to mistakes made by the original artists who created the music.
Unfortunately, many writers striving for success do not possess the knowledge about the copyright laws which enables them to properly protect their works. Others who do initially obtain proper protection may ultimately sign contracts which effectively grant to others rights to potential profits which were not foreseen by the artist when the contract was signed.
The simplest method of protecting your compositions is to copyright your original works as soon after they are created by placing them on a cassette tape, filling out the proper form, and mailing it along with the fee of $20.00 to Register of Copyrights, Copyright Office, Library of Congress, Washington, D.C. 20559-6000 to the proper address in Washington D.C.
Soon, a certificate of Copyright will arrive in your mailbox. If you later learn that another artist is performing or marketing your work without your express consent, you then may have the right to sue them under the Copyright Act for infringement of your rights.
Materials which are your original works should not be randomly distributed without a copyright notice, which should include, at a minimum, the name or names of all composers and/or lyricists, as well as the date the work was created (or the copyright was obtained) and the symbol ©. This should be written as follows: © 1997 by Steven Pradell. It can be placed on paper copies and on cassettes, records and CDs. However, because merely writing these terms may not provide absolute protection, both of the above steps, obtaining a copyright and placing the notice of copyright, should be performed.
Finally, if you succeed in your attempt to have your song professionally recorded, it may be wise to consult with an attorney prior to signing any contracts or other documents which may effect your rights. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. It is often important to consult with a lawyer at the start of the process in order to make preliminary decisions regarding how to proceed. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding your rights. Be certain to explain that you desire an attorney who is familiar with copyright law.
Steven Pradell is an Anchorage attorney with a general practice emphasizing family law, criminal law, estate law and personal injury. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.