New Project (Copyright)

Delta-Male

Hi guys

I have not been on the forum in quite some time, been very busy lately. But something had me thinking more and more about the issue that is copyright.

It has been a topic in many discussions, and I've heard many different opnions on this matter.

I've met people who say they write songs, but do not want to play them to anyone due to it not being copyrighted.
Then I've also heard of people claiming someone stole their songs, other's are not bothered in the slightest, and some have everything copyrighted.

One specific person I know has had bad luck with SAMRO, where they sent in all the neccesary paperwork, and never heard anything back.
Is this normal? And if so, how safe is the process?

Then, I'm sure most people have heard of the term "poor man's copyright". Which is where you put the item you want to copyright in an envelope and have
it registered and sent to back to you. If unopened this will stand in court and provide you with an actual proof af a date when this item was in your possesion.

So, all of this had me thinking of a possibility. Now let me start by saying I do not wish to bypass SAMRO as they offer many different services.
But, this post for instance, or on Facebook, or any website documents a date , as well as a time. Even down to the second sometimes.

So, if lyrics, or a recording of a solo or an entire song etc. were to be posted, would that date and time stand in court?
With a site such as GFSA, we have thousands of members, some whom are highly regarded in the SA music scene (such as Mr. Alan ? ).

Surely all this put together should count a great deal?

Further, I do not know how the hosting of a site works, or how many threads it could handle etc.
So I'm not suggesting evryone posts every lyric or recording they write everyday. But, speaking for myself, I'd be willing to pay for such a service.

Maybe like Soundcloud, you pay different subscriptions for more space and functuions.

I'd just like to know what you guys think of this idea.

Thanks for reading

PS: This could be a nudge in the right direction for the muso's union we've spoken about lol

Delta-Male

No interest? :-\

Bob-Dubery

A friend of mine in the USA went to NAMM earlier this year. They had a workshop/panel discussion on intellectual property in the music biz and the word is that the poor man's copyright holds no legal water these days - at least in the USA.

If you're seriously concerned then seek advice from a lawyer who operates in this area. I'm surprised that it doesn't work actually, but I'm no expert.

You're right to be wary. Now, please forgive me whilst I mention the name, but a while back Richard Thompson (notable songwriter, been at it for more than 40 years now) was asked if he ever gets sent demos by unknown bands/artists and if he listens to them. He said he does get them and he doesn't listen because he may end up recycling something he heard in one of those tapes and might copyright something that somebody else thought of (he didn't say it, but it's also possible that he would open himself up to such charges, not everybody on the planet being a good egg). He went on to say that he knows of other folks who always listen to demos BECAUSE they are looking for uncopyrighted ideas or even whole songs to plunder (such folks usually having access to lawyers just in case anybody gets uppity).

So it happens.

Delta-Male

Wow, that is quite scary..

You see, the thing is earlier this year I read an article that said a woman was taken to court over bad mouthing her ex husband on a social networking site. It ended up in her being found guilty. The article warned that what gets posted online would from now on be taken more serious in SA courts.

If this is the case, surely it should not only count for things of a negative nature?

Bob-Dubery

Delta Male wrote Wow, that is quite scary..

You see, the thing is earlier this year I read an article that said a woman was taken to court over bad mouthing her ex husband on a social networking site. It ended up in her being found guilty. The article warned that what gets posted online would from now on be taken more serious in SA courts.

If this is the case, surely it should not only count for things of a negative nature?

Dunno. Not a lawyer. The thing with copyright is to establish the timing - who thought of it first. Also to establish whether it's a dead copy or similar and if so HOW similar.

If I post on FB "Singemonkey has a tail and it's prehensile" then there's no dispute that I said it and the timing is neither here nor there. I said it.

But dunno: Not a lawyer.

Sneaky-Pete

I've registered more than 140 songs with SAMRO and they have always been professional and accurate. The guy who didn't hear back from them may have submitted incomplete paperwork...some of it it is a little tricky, especially the Song Assignment details. I would urge him to resubmit with extra care.