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Topic: How to get copyright for your own arrangement? (Read 4171 times) previous topic - next topic

How to get copyright for your own arrangement?

Let's say you are toiling away on your new arrangement of a piece that is already copyrighted, but you think you have many better ideas for the piece. Can you just APPLY for a copyright for your new arrangment without permission from the current copyright holder, to protect you before you have finished your new arrangement? Also, when you finish your new arrangement, how do go about getting it finally copyrighted? Do you then have to obtain permission from the current copyright holder, or negotiate with the current copyright holder? Or does the sytem work in ways that I have not mentioned?

Re: How to get copyright for your own arrangement?

Reply #1 –
The right to make an arrangement rests with the copyright holder - usually the publisher.
You can get permission to create a new arrangement.

The copyright attachs to the created work - just add the copyright symbol, your name and date.
This gives botton-line protection.

If you want better protection register the arrangement with your local copyright office.

Re: How to get copyright for your own arrangement?

Reply #2 –
To an extent it depends on which country you live in, since the laws are different around the world. You did not make this plain in your original posting. Assuming that you live in the UK you need to get permission from the original copyright holder before you do anything. Once you have that then as long as the copyright holder doesn't object you have copyright on the arrangment. There's no need to lodge anything anywhere. The law says it's yours. But before doing anything contact the PRS.

Re: How to get copyright for your own arrangement?

Reply #3 –
To clarify my original posting, this question would pertain to United States law. Also, I would like to get some clarification as to what constitutes "create". Does this mean you are putting the arrangement to paper notation, or does "creating" also apply to one's experimenting at the piano in the privacy on one's home?

Re: How to get copyright for your own arrangement?

Reply #4 –
Something is not "created" under US copyright law until it is "fixed in a tangible medium." That means: written down on paper (or shirtsleeve), recorded on tape, placed into a computer file, carved into granite, punched into a player piano roll, etc. You can fool around on the computer all you want (in private): but the created and copyrightable entity is some sort of record for posterity.

caveat: In the unlikely case that the opinion of your local judge differs from mine ... you must have misunderstood me, that's it.

Re: How to get copyright for your own arrangement?

Reply #5 –
In an interesting twist, Canadian copyright law states that copyright is owned from "conception." However, proving it could be rather difficult, unless your judge is psychic :-) ... which is where it's nice to have it "fixed in a tangible medium" - and we're back to square one!

Re: How to get copyright for your own arrangement?

Reply #6 –
*Square* medium? No CD nor vinyl then! ;-P
More seriously, basically, the "concept" is rarely "copyrightable". An idea is not copyrightable either, i.e. if you think of a new kind of plane, you must do a prototyp of it...
concerning music/literature, any mean that allow you to re-produce your creation can be enough, though it's better to use "classic" media.
In France you need to deposit a "physical" copy of it --i.e. for a computer file, either a printout, either a physical media, preferably un-erasable-- to get a copyright, but they do not ensure any protection: they will only prove you're the owner if *you* (or someone for you) pleague against someone.

When you want to copyright something, make sure tyhat what you write didn't come from some forgotten memories or so. Sometimes we re-write something we herad many years ago... At least for some measures. I do not know the maximal length that is authorised (I mean allowed), but you may "quote" music in your own work.

Question: if I record myself on a record tape/computer file, and someone steals it, can I attack him/her if (s)he declares my work as his/her own one? (I suppose answer differs according as I still have a duplicata or not)

Re: How to get copyright for your own arrangement?

Reply #7 –
Barry Graham is correct in saying that the right of arrangements (called "derivative works"), as well as public performance (except for few exceptions, such as performance during worship services) rests with the copyright holder. You must have permission or pay royalty for the right to reproduce the work by any means. Be careful here, for as little as one measure of a copyrighted work has been protected by U.S. courts for infringement. The "Happy Birthday To You" song is a good example of a song that has been aggressively protected (can you believe it?) by the copyright owner.

Concerning copyright protection: you must register a work with the U.S. copyright office if you want to pursue litigation in the U.S. court system; however, "common law" copyright is still accepted for establishing the date of creation. Unfortunately, the time of copyright ownership for any piece of work begins at creation, not upon filing it with the copyright office. However, if you are simply wanting to register your work and there is no fear of infringement in the works, then who needs to know?

Finally, there are several replies concerning international differences in copyright law. This no longer applies based on an international copyright law treaty that has been accepted this decade by most industrialized nations. If you register your work with your copyright office, then that copyright is internationally recognized. One drawback of the international copyright treaty that caused the U.S. to balk for a while, is that the copyrighted work does not need to be clearly marked (or marked at all) for an owner to pursue infringement litigation. A copyright infringer is defenseless in this case (guilty until proven innocent).

Notice that Hal Leonard publishing has recently been pursuing litigation against MIDI sites where the system administrators have unknowingly posted uploads of copyrighted MIDI files, even when the copyright information has been removed from the file itself. Be carful!

Re: How to get copyright for your own arrangement?

Reply #8 –
Hello.....I didnt know who else to ask but here i go. How do i copyright a name. Not a regular name but something i came up with? I want to copyright it now so no one uses it. Please reply to my email address. Kind of like when Pat Riley copyrighted three-peat...

Re: How to get copyright for your own arrangement?

Reply #9 –
1) You can't copyright a name. You may use a name as a "Trademark" and you may register that trademark with a state or Federal office (i.e. the US Patent and Trademark Office, whose web page is given below): you may also sue someone who uses it in a context that might confuse your customers.

2) I'm not a lawyer; I don't even play one on TV. Check out the general information here, for information from someone with a clue about the subject.

http://www.uspto.gov/web/menu/tm.html
 

Re: How to get copyright for your own arrangement?

Reply #10 –
where do I go or who do I call to have my literature copy written? I have read the  reply but I'm still having trouble knowing what to do.