What is Copyrightable & How Do I Do It

What is Copyrightable
& How Do I Do It

09-29-11

Back Story:

After years of producing music locally Project Pleasure Productions has ventured out, to turn concepts into to cash. In our opening series of blogs we have dedicated ourselves to detailing the process of getting ones music out.

In our last post "Securing Ones publishing" (located here) we discussed the process of choosing a publishing company. This time around we will explore the topic of “Copyrights”.

When discussing issues regarding business, often times those that have never personally researched the topic are the first to offer up advice. However, like most other things in life you would prefer to get guidance from a professional. (One that has slightly more experience on the topic than you). Here we will discuss a couple commonly discussed methods of copyrighting.

Prior to seeking copyright protection one should realize what exactly is covered. According to www.copyright.gov and “Copyright Basics”, copyrights are meant to protect:

… 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. See Circular 1, Copyright Basics, section "What Works Are Protected."

This in no way covers websites, domains, band names or ideas (unless written). However, in some cases it may cover the way in which an idea is expressed.

Once you have established that first, you have something and it is eligible for copyrighting, you must secondly determine what route you would like to go about. In theory, there are many ways to do this however here we will highlight two commonly discussed Poor mans copyright and Government copyright.

The poor mans copyright, often talked about as an alternative to the official copyright has been a method used by many for years. However after exploring the www.copyright.gov site one realizes this is far from a suitable alternative.

The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration (Copyright in general, 2010).

How to obtain an official copyright for your music, refer to this site: http://www.calliopebb.wordpress.com/2011/02/06/copyright-yo-shit-the-step-by-step-guide/. This is perhaps one of the only methods honored by the US justice system. Non the less it is a time intensive process, well worth the investment.

Stay tuned for next time when we discuss how to distribute music!

Reference:

What does copyright protect . (2010, september 13). Retrieved from http://www.copyright.gov/help/faq/faq-protect.html

Copyright in general. (2006, July 12). Retrieved from http://www.copyright.gov/help/faq/faq-general.html

Securing Ones Publishing

Securing Ones Publishing

Justin McWilson

Sept. 8, 2011

This week in The Underground Report: We begin the three-step process to getting ones music out in the market place (digitally). This includes obtaining publishing, acquiring copyrights and distributing content.

The process of choosing a publishing rights organization is very similar to buying a home or securing a car loan. While it isn’t the most complicated process in world, those that don’t do the proper research often regret the outcome. With only three major performance rights organizations out there (ASCAP, BMI and SESAC), the delicate procedure of choosing one can become truly cumbersome. Each provides similar services however, a separate list of added incentives.

ASCAP (American Society of Composers, Authors and Publishers) has been and continues to remain the home for many of America’s most successful artist. This list includes such greats as Duke Ellington and Stevie Wonder to Leonard Bernstein and Beyoncé. According to the companies website they state that their sole aim is to

…Protect the rights of its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works. ASCAP’s licensees encompass all who want to perform copyrighted music publicly. ASCAP makes giving and obtaining permission to perform music simple for both creators and users of music (http://www.ascap.com/about/ )

As an added incentive, those that choose to join the org. receive a variety incentives including:

…workshops, showcases, our website and publications, and an exclusive, tailor-made benefits package that includes health and instrument insurance, a credit union, discounts on musical accessories, travel and much more. ASCAP is committed to nurturing music makers throughout their careers (http://www.ascap.com/about/ ).

BMI (Broadcast Music Inc.) working in similar fashion states their mission as follows:

…collects license fees on behalf of songwriters, composers and music publishers and distributes them as royalties to those members whose works have been performed (http://www.bmi.com/about/ ).

The company that was established in 1939, as an alternative PRO (performing right organization) also boasts star-studded line up of musicians it represents. Including Kanye West, Michael Jackson, Elton John and an array of there’s. Aside from an impressive roster the company also provides users with a variety of vital tools.

This means instantaneous information on catalog, royalties and contract status. Computerization has facilitated the collection of performance data, distribution of royalty payments, management of licensing fees and automation of accounting functions. No other licensing organization can boast of such an extensive and accessible body of information (http://www.bmi.com/about/entry/533108).

SESAC (Society of European Stage Authors & Composers) originally founded in 1930 (New York) by German immigrant Paul Heinecke. The goal, of the company at that time was to help European publishers with their American performance royalties.

With an established cornerstone repertory of the finest European Classical Music, SESAC began to turn its attention to American music in the 1930s (http://www.sesac.com/About/History.aspx).

A few of the writers connected to the label include Aesop, Rock Adonis and Brian Cox. Artists aside the company also provides:

…a highly independent, innovative, profitable and market-driven performing rights organization, sensitive to the concerns and interests of its affiliates, users, employees and shareholders (http://www.sesac.com/About/Careers.aspx).

Once one has chosen the company they would like to represent them, the next is simply filling out an application fee and providing evidence of their creations.

Next topic: Acquiring copyrights.

About Me

I am currently a graduate student attending Full Sail University, pursuing a Masters degree in Business. Prior to this pursuit, I obtained my B.S. at CSU Monterey Bay. For the past 10 years I have been running the independent record label Project Pleasure Productions. Recently I have relocated the company to the greater Los Angeles area with the goal of expanding the brand. I look forward to the challenges and rewards that this new endeavor has to offer.

Welcome To Project Pleasure Marketing

Good afternoon friends and associates,

    This is the home of Project Pleasure Marketing.  Through this site we will discuss the various aspects of music marketing (specializing in hip hop).  We will also discuss other information pertinent to the process of branding.  The ultimate goal of this process to promote our established artist and construct a lane for new musicians.