Discussion:
What is the name of your state? NY
My band recently recorded a performance we played in Brooklyn, NY. We want to put up the video on our website.
A few issues:
First, four of the songs have already been copyrighted after we recorded them in October. The other songs have not been copyrihgted.
which for do we use for copyrighting, and what needs to be submitted (copy of the video, audio only...). I'd like full portection for the actual video as well as the songs as we may record them or use them for another purpose at a later time.
Thanks.
Answer:
Both the songs and the video will have to be copyrighted separately. If you haven't already done so, then I would suggest you do this before you post anything.
Answer:
Everything already IS covered by copyright -- but as hexeliebe suggests, registering your copyright with the U.S. copyright office will give you additional protections.
Answer:
Let me ask you this. What risks to I expose myself to if I don't copyright?
Answer:
Well, like I said, as soon as you create something, it is automatically covered by copyright. There is no NEED to register to get copyright protection.
However, you get MORE protection with a registration. First, I think it safe to say that the majority of people don't realize that copyright attaches automatically -- however, if you can show a registered copyright, then people might take it more seriously.
Second, you can't sue someone in court for infringement without a registration. Although you can register a work anytime after it is created, if you don't have a reigstration in place prior to someone infringing, then you not only have to register before you go to court, but you will have to prove in court that you are the actual owner of the copyright. If the copyright is registered before the infringing activity occurs, the court assumes you are the rightful owner and it is up to the infringer to prove that you don't own the copyright. Better to put the burden of proof on the other guy.
Finally -- and likely most importantly -- registration gives you different damages. If you haven't registered your copyright, or registered after infringement has already occured, you can only sue for "actual damages" -- that is, actual monetary losses that you can prove in court. If you have a registration in place PRIOR to the infringing activity, you can sue for either actualy damages or statutory damges, whichever is higher. This means you can sue even if you haven't suffered any actual damages, and recover something. Finally, if you aremore interested in protecting your work than in getting money damages, you can get injunctive relief -- that is, have a court stop the other guy from using your work -- if you have a registration in place prior to infringement.
Registration is unecessary in the vast majority of cases, where works are either unlikely to be infringed or where the damages suffered by infringement are small or nonexistant. If you are trying to make it with your band, and fully intend to try and make some money off of it, then it might be worth your while to get your copyrights registered, just in case.