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How protected is work between submission to eCopyright and receiving registration?
I want to enter a singer/songwriter competition closing at the end of the week. If I submit my work through ECO today, will it be protected as of the time of submission, or will it have to wait the 8 months it will take on the registration waiting list? How vulnerable will it be?
A copyright goes into affect from the moment you create the work, not from the moment you register the work. So yes, your song will be protected as of the time of submission. Of course having the copyright registered to prove ownership is ideal.
How vulnerable will it be?
Your music is always vulnerable
There is a general misconception regarding what copyright “protection” is and is not.
A copyright in a work exists the moment that it is fixed in a tangible medium. In other words, a copyright automatically exists when you write your composition on paper or record it in some fashion.
What does registration accomplish? To put it simply, the significance of a copyright registration (in the US) is that it is your “ticket into federal court,” which is where all copyright actions must be filed if you believe that your work has been infringed.
It should be understood that a copyright registration is neither a shield not a sword. It does not protect you from infringement, nor does it guarantee you success against all infringers. You still have to win your case in court!
I’ve read where some attorneys say that you should consider the likelihood of whether or not you would ever actually litigate an infringement case involving the work in question. On the surface, that seems to be a reasonable question. But, what if someone made a lot of money from your track?
I err on the side of caution and register my works so that I’m not barred from suing in the event of that happening, even if the possibility is remote.
Cheers,
MichaelA copyright goes into affect from the moment you create the work, not from the moment you register the work.
To clarify, it goes into effect the moment you put the work into tangible form (recording, sheet music, etc). That song you have in your head is not protected while it’s still in your head. Record it or write it down, then it’s protected.
To clarify, it goes into effect the moment you put the work into tangible form (recording, sheet music, etc). That song you have in your head is not protected while it’s still in your head. Record it or write it down, then it’s protected.
That “protection” is very limited. In the US, it is registration that allows the copyright owner to enforce their copright.
You are of course absolutely right, Michael. I just wanted to differentiate between creating the song and actually putting it down in some tangible form.
You are of course absolutely right, Michael.
LOL! Just making the most of that Law Degree!
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