Originally Posted by Lisa Butler
I disagree with Mark regarding 'poor mans copyright'. This method of sealing the CD recording and/or lyric in a self-addressed envelope and having the post office date stamp over the seal, is a great way of proving that you are in possession the song from that date. The issue with using this method is the same as with any other method. When push comes to shove, you need to be able to prove that you wrote it. There is no fool-proof method really - unless you write the song in a public arena where other people can attest to you having written it in front of them (co-writers, songwriter group session, in front of an audience etc). In the past, when using the 'poor mans copyright' method, I would never use JUST that method on its own. I always lodge the details of the work with my PRO, and if I think the song has a really good shot at being pitched and/or cut, I also lodge it with the US LOC.


It can be debated till we're blue in the face (Vic, Lisa), however - the idea of the sending yourself a recording in the mail will not hold up in court. The only fool-proof method is to spend the money and register with the US LOC. Ask any attorney worth their salt if the "mail it to yourself" method will hold up and they'll tell you no. Here's why: I can go to the post-office and get a date stamped envelope that is not sealed. Then I can hold on to it for a while until I write a song, put it on a disc, stick it in that envelope, then mail it to myself. Imagine that, I now wrote a song before I ever conceived it - based on that method.

Telling others to use that method is only spreading misinformation.

As for searching titles of PROs, I highly recommend it as well. I used to make sure that I would search out titles in at least the three US PROs (ASCAP, BMI & SESAC). Often you will find your coveted title has been done. Then again, if you're creative you can come up with more original titles that likely have not been done. That helps get that unique spin on a song.

I can tell you right now there's a song that Marc and I wrote that has not been registered with the PROs and I'm pretty sure it hasn't been copyrighted. It's a good song that needs to be recorded. To boot the title is original enough that no one has come up with it even a few years after we wrote it (I just searched the 3 US PROs).

While I don't share Marc's view on not copyrighting material, I do share the idea that generally the people most paranoid about copyrighting their songs the moment they're written, aren't writing the greatest songs. That being said, I often have to copyright my material when it's finished because I do have licensing deals in place and that music goes right into those deals. Thus I have a reason to be copyrighting most material immediately.

Like Marc, unless the song is immediately getting picked up, licensed, or pitched to heavyweights, I generally don't copyright right away. No sense in it.

SESAC has been giving it's writers/publishers free access to My Werx. I have the app on my iPhone. I have used it for songs I've written myself. However, with songs that are co-written, it's a bit of a pain in the ass as the co-writer also has to be a member of My Werx in order to confirm the registration. I know of no others that I write with that have it. Plus it does cost money to maintain it if your PRO isn't footing the bill. Which makes me wonder if it will ever catch on.

As for the LOC being backed up 3 years... Well, I know that I register online using the LOC website and the registrations getting sent back to me are about 3 to 4 months, not years.

Jody Whitesides
A Funky Audio Lap Dance For Your Ears!
www.jodywhitesides.com