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Mbu 2520 spring 2020 chapter 9
1. MBU 2520 Spring 2020 - Eric M. Griffin
Copyright Formalities
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2. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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Copyright Formalities general consist of 1) Registration 2) Notice & 3)Deposit.
These were very important until 1989 when the US entered the Berne Convention.
The Berne Convention Implementation Act of 1988 eliminated these requirements.
But there are still very good reasons to follow these formalities.
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5. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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Why Register? (cont)
4. Entitles you toAttorneyâs Fees and Statutory Damages. (If registered prior to
infringement or within 3 mo. of Publication. Damages can be hard to prove or
minimal, so Statutory Damages are important.
5. Allows collection of Mechanical Royalties.
6. Allows Blocking of importation of illegal copies.
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7. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
. When should you register?
Anytime during the term. Best to do soon as possible after creation. In order to get
attorneyâs fees or statutory damages, you MUST register within 3 months of
Publication. To challenge an infringement, you MUST also register within 1 month of
learning about the infringement.
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8. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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How to Register?
Online or by mail = Most Music uses use PA or SR form.
PA = Composition
SR = Sound Recording
(SR form covers both PA & SR If the owners are the same.)
3 requirements:
1. Proper application form.
2. Deposit of a copy of the work
3. Fee
Be very careful when completing forms. If there are any mistakes, you will get
rejected and often have to pay again.
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9. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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Can register multiple works using one collection if:
1. All works unpublished;
2. Same owner for everything, including the collection as a whole;
3. Must be same author, or at least one author is the same for all songs.
4. Must be assembled in an orderly form;
5. Collection have a single title. (Can be anything: âMikeâs songs fromJuly 2020â)
HOWEVER, only the title of the Collection will be searchable. To fix this, after
registering the collection, file a CA form listing all titles.
Registrations can be corrected and updated using the proper forms.
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10. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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POOR MANâs COPYRIGHT â Can provide some evidence of the date of creation,
but does nothing to substitute for registration.
A better money saving idea? Donât register works until you know they are going
to be published. Just make sure you do it before 3 mo. after publication.
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11. COPYRIGHT FORMALITIES
MBU 2520 Spring 2020 - Eric M. Griffin
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Preregistration began being allowed in 2005 because certain works were likely to be
infringed prior to publication.
1. Sound Recordings
2. Motion Pictures
3. Musical Compositions
4. Literary works being published in book form.
5. Computer Programs &Video Games
6. Advertising or Marketing Photos
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14. MBU 2520 Spring 2020 - Eric M. Griffin
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An omission or mistake in using a copyright notice may not have invalidated the
copyright to works published between January 1, 1978 and March 1, 1989, if :
1. The notice was omitted from no more than a relatively small number of copies or
phonorecords distributed to the public; OR
2. The work was registered before or within five years after the publication without
notice and a reasonable effort was made to add notice to all copies or phonorecords
distributed in the United States after the omission was discovered; OR
3. The omission violated an express written agreement to include proper notice as a
condition of public distribution of copies or phonorecords;OR
4. The notice was removed from the copies or phonorecords without the authorization
of the copyright owner. 14