MUSIC
TOP MYTHS

 

 

 

 

Copyright is just a U.S. philosophy. If I want to operate a music site from a foreign country, I don't have to worry about copyright laws.
FALSE. The copyright laws of foreign countries are, in many cases, similar to those in the United States.

 

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If sheet music or the packaging of a recorded song does not display a copyright notice, then it's okay to copy it without permission.
FALSE. On March 1, 1989, the U.S. abolished prospectively the requirement that works display a copyright notice in order to be entitled to protection. Thus, it is best to assume that creative works are always copyrighted, regardless of whether or not they display a copyright notice.

If a notice is used, the correct form is: Copyright [date of publication] by [author/owner]. The symbol © can be used in place of or in addition to the word "Copyright." Also, the phrase "All rights reserved" should be included after the notice.

 

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If a copyright owner objects to my reproduction, distribution or performance of music on the Internet, it's censorship.
FALSE. The First Amendment may protect you from government censorship of your ideas, but it generally does not include the right to infringe other peopleÕs copyrighted works.

 

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An Internet site operator can offer music for download from his or her site, without permission from the requisite copyright owners, so long as one or more of the following disclaimers are posted to the site: If you download a sound file, you must delete from your hard drive in 24 hours. You must already own these CDs to legally download the sound files. This site is for promotional purposes only. Please support the artist and buy the CD.
FALSE. If you reproduce, perform, offer to distribute and/or distribute musical compositions and sound recordings without the requisite licensing, you are violating copyright law. There are no magic disclaimers that would absolve you of liability.

 

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If I upload to my Internet site music from CDs that I have purchased, I am not violating copyright law.
FALSE. Just because you own the CD (phonorecord) does not mean you own the music (meaning the sound recording and the underlying musical composition) on the CD. You still need permission from the musical composer as well as the sound recording owner before you can reproduce, perform and distribute the music contained on the CD.

 

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It is not necessary to register my work with the U.S. Copyright Office. Rather, as proof that I created the work and claim ownership starting at a particular day, I can merely send myself a registered letter, with a copy of the work enclosed, and keep it unopened until I need it as evidence in an infringement case.
FALSE. If you register with the Copyright Office before the infringement or within three months after publication you are entitled to the following additional benefits: - in an infringement lawsuit, you have the right to claim statutory damages, and, therefore, would not have to prove the actual monetary damages resulting from the infringement of your work. Also, you may be able to collect your attorney's fees, - your copyright registration may be entitled to certain presumptions in your favor; and - once your copyright is registered, you can file a lawsuit for infringement. The self-addressed letter approach (described above) is open to challenge as an unreliable indicator of when your work was created.

 

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I can use eight bars of music without having to obtain permission from the copyright holder of the musical composition. In addition, I can use a sample from a recording without getting authorization from the sound recording copyright owner and owner of the musical composition.
FALSE. The reproduction and/or distribution of even a short excerpt of a song may constitute an infringement. Some courts have held that if the portion of the music used is recognizable or considered the "heart" or "essence" of the original work, the use is an infringement, with certain exceptions, such as with regard to parody. Short excerpts for educational purposes or for the purpose of criticism or comment may be considered "fair uses"; however, there is no set formula for determining at the outset whether your use will qualify for this defense.

 

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Links to other FAQ or Myths web pages

The Harry Fox Agency - http://www.nmpa.org/hf/hfafaq.html
ASCAP - http://www/ascap.com/licensing/licensingfaq.html
BMI - http://www.bmi.com/licensing/restans.html
RIAA's SoundByting - http://www.soundbyting.com/html/top_10_myths/
Brad Templeton Article - http://www.templetons.com/brad/copymyths.html

 
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