Discussion:
Hi, I rewrote the verse lyrics for a song, and was told (on this site) that I would have to ask the original writer of the song for permission to be listed as a co-writer on my version.
I am wondering about the worst case scenario - I send him my modified version of the lyrics and he makes some money off the modified version of the song without crediting me. In this worst case scenario, if I did a poor man's copyright before sending him my version of the lyrics, would that help me at all if it came to a lawsuit? Is there anything else I could do to protect myself, which would not involve a lot of money?
Thanks
Answer:
Hi, I rewrote the verse lyrics for a song, and was told (on this site) that I would have to ask the original writer of the song for permission to be listed as a co-writer on my version. Actually, you needed permission from the copyright holder simply to create the derivative work in the first place, and you'll need permission from the copyright holder in order to dristribute (sell) or perform this work.
I am wondering about the worst case scenario - I send him my modified version of the lyrics and he makes some money off the modified version of the song without crediting me. In this worst case scenario, if I did a poor man's copyright before sending him my version of the lyrics, would that help me at all if it came to a lawsuit? Is there anything else I could do to protect myself, which would not involve a lot of money? Well, there's probably not much you can do. Without permission to rewite the lyrics (thereby creating a derivative work), you don't have any "rights" in the new work other than for the exact words you added. You can't copyright the new work in your name, because you don't have permission to use the underlying work. So, "poor man's copyright" or not (and BTW, the "poor man's copyright" doesn't really provide you with any protections at all anyway, except in a very narrow circumstance) you don't really have anything to protect.
Finally, even if the original copyright holder did steal and use your work, and you decided to sue HIM for copyright infringement, he could either defend by saying "but he didn't have permission to use my work in the first place" and you would lose immediately, or, if he was smart, he could counterclaim against YOU for infringement, and he would probably win. If you want, look up the "unclean hands" doctrine on Google or something -- yes, he might "infringe" by using your addition, but your initial infringement gives you "unclean hands," and therefore you would not be entitled to relief anyway.
So what should you do? ASK the copyright holder if he or she wouldn't mind you creating a new set of lyrics for his or her song. If he or she says yes, get it in writing, and then you can go on from there. If he or she says no, forget about it and move on -- either write your own song from scratch, or find another song where the copyright holder WILL give you permission...
Finally, one last note: If the rewrite is a pardoy (think Weird Al here), then you may be able to use the underlying work without permission (it would be a "fair use"), but you'll probably want to consult a lawyer if you are going down that road to make sure you are covered.
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Whewwwwwwwwwww!
I was wondering if you'd get to Wierd Al
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Thank you for all of the information. I sincerely appreciate your time.