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#1173584 - 01/27/21 06:49 AM Copyright control ?  
Joined: Sep 2011
Posts: 196
Stanj3 Offline
Serious Contributor
Stanj3  Offline
Serious Contributor

Joined: Sep 2011
Posts: 196
Hi, Can someone tell me what "copyright Control" means? I did search for this term but I'm not sure I understand meaning. Also is there a way to find out if a publisher is out of business? Would they still be listed on say BMI if they were no longer in business? I thank you for your effort and time.

#1173594 - 01/27/21 09:02 PM Re: Copyright control ? [Re: Stanj3]  
Joined: Dec 2006
Posts: 2,030
Gary E. Andrews Offline
Gary E. Andrews  Offline

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Joined: Dec 2006
Posts: 2,030
Portsmouth, Ohio, USA
Federal Copyright Law 'bestows' your 'right' to 'copy' your Intellectual Property (IP) as soon as you put it in 'Fixed Form'. That means written down, recorded, any 'form' which can serve as a document.

To file an Infringement Suit, you would have to have a 'Registration' with the Register of Copyrights, Library of Congress, in the U. S.
In other nations, some similar entity.

Since it is Federal Law it is 'heard' in Federal Court. No Federal Judge will let you bring an Infringement Suit without a Registration.
Federal Copyright in the USA is party to The Berne Copyright Convention, an international agreement to protect copyrights.

To prove Infringement you would have to demonstrate 'access', that the accused had 'access' to steal your IP.

Copyright Control likely means who 'owns' the Lyric and Melody, and/or Sound Recording (SR) in question. Who can 'sell' it? Who can 'contract' for its 'use'?

Your Registration documents who the 'composer(s)' are, who the 'author(s)' are, and who the Publisher is, if there is one.
Those persons' names are Registered on the Copyright Form. www.copyright.gov can give you circulars to study.

A Songwriter 'owns' the rights to earn Songwriter Royalties (100%) and Publishing Royalties (100%).
The Songwriter can offer a share of Publishing Royalties as an incentive for a Publisher to contract to do the legwork of Publishing, pitching the Song to artists, artist management, other Publishing Companies, Music Supervisors for 'use' in Commercial Advertising, Movie, Documentary, or TV Soundtracks.

When a 'Creative' takes their Intellectual Property to market, engaging contractually with others for 'use' of their IP, the other party needs to know that the person who is signing the contract with them is the owner, or is authorized by the owners to make this contractual agreement.

If there are co-writers, both (all) may need to sign, or one may be given a Power Of Attorney by the other(s), empowering them to make the deal, committing to the terms of the contract.

The other party needs to know they're not going to get a project going, only to have it come to a screeching halt due to some party who was not consulted and now disagrees with the contract terms.

The signatory authorizing 'use' of the IP has to 'Clear' the work for the 'use'.

A Producer may have taken ownership of the Sound Recording, the 'Master' recording, unknown to the Songwriter(s), thereby requiring his/her agreement to contract for the use of THAT recording. Another recording can be made which that Producer would have no control or ownership of. The new Master belongs to whoever documented their ownership. Another Producer might do the same thing if the Songwriter doesn't get it in writing that their work in making the recording is a 'work-for-hire' and after payment is made they have no further rights to the ownership of the recording.

I always wonder whether BMI can answer such questions. Apparently it isn't easy to get communication from them. www.bmi.com

If you know anything about the Publisher the Secretary of State in that State may have information on a Government website about companies registered to do business in that state. If they're still around something should come up in an internet search, website, phone number, email, names of principals of the company.

There will always be another song to be written. Someone will write it. Why not you? www.garyeandrews.com
#1173613 - 01/29/21 12:18 AM Re: Copyright control ? [Re: Stanj3]  
Joined: Jul 2011
Posts: 603
R&M Offline
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R&M  Offline
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Joined: Jul 2011
Posts: 603
I have learned the difference between copyright and copyhold. In business to copyhold name and intellectual property requires much legalities and a lot of money.
I might like to do something freelance and not major.
Where would copyright control be with that?

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