| Protect Your Copyrights & Reduce Your Risk of Liability for Copyright Infringement |
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Copyright infringement is one of the most important and potentially expensive legal issues affecting songwriters. Every songwriter needs to understand what to do, as a practical matter, to minimize the likelihood of being accused of copyright infringement and to maximize the likelihood of convincing others that the songwriter’s works are independent creations. Of course, there is no way to guarantee that you will not be sued for copyright infringement, but here are some practical tips:
1. Stay Organized: Keep a database of when and where you wrote your songs, along with other important details about the writing session. Information documenting the independent creation of your work will assist in defending any claim for copyright infringement or proving that your work is original if you accuse another of infringement.
2. Keep Written Records of Writing Appointments: Keep your writing appointments on your electronic calendar and print out the calendar every quarter for your records. If you do not use an electronic calendar, keep your paper calendar. If possible, keep these records forever.
3. Document Demos: If you hire musicians or studios for demos, make sure you keep documentation of the sessions that reflect who wrote the songs, who owns the demo recordings, and the date of the sessions.
4. Avoid Discussing Creative Inspiration: Do not mention creative or inspiration details in your PR materials, website, or interviews. By example, do not say, “I spent the weekend listening to Bob Dylan’s Nashville Skyline album and was inspired to write this song.”
5. Refuse to Accept Unsolicited Material: Place a disclaimer on the contact page of your website stating that you do not review or accept unsolicited song material by any means, including mail or e-mail.
6. Keep Tabs on Yourself: Use Google “Alerts” to alert you to anything on the web that has been posted about your songs or about you as a songwriter.
7. Document Date of Creation: Email lyrics and digital files of newly created songs to your co-writer. This time-stamps the creation of the song at least by the date of the email. Consider using MyWerx (an online product endorsed by the NSAI) or Masterwriter (a creative software endorsed by the NSAI for time stamping your works).
8. Draft Written Agreement for Writing Sessions: If possible, or in a situation where it makes sense (e.g., odd splits), have a written agreement with your co-writer that defines each writer’s contribution to the songs written.
9. Register With Your PRO: Register your works with your performing rights society at the earliest possible date from creation.
10. Make Accurate Publisher Submissions: Make certain your publisher knows the correct date of creation and does not use the date that you turned the song in or the date that you signed the paperwork as the official date of creation.
11. Be Aware of Copyright Deposit Copies: Be aware of the deposit copy recording that accompanies your copyright registration. A guitar / vocal demo is sufficient. If the commercially recorded song features a guitar solo that you did not write, do not submit the commercially recorded song as your deposit copy (these situations need to be discussed with your publisher).
12. Get Insurance: Purchase E&O (errors and omissions) Insurance through the NSAI. If you do purchase an insurance policy, make sure to read the policy carefully so that you understand your coverage. Ask your homeowners’ insurance company about an umbrella policy and the coverage that it provides.
13. Be Aware of Social Networking: Be careful about accepting Facebook, MySpace or other social networking friends that you do not know personally.
14. Performing Live Shows: If you perform new songs live, make sure you have protected that song before you perform it.
This information is not legal advice. If you have questions about this information, or if you would like to seek legal advice, you may contact Tim Warnock (twarnock@rwjplc.com) or Howell O’Rear (horear@rwjplc.com) at Riley Warnock & Jacobson PLC.
NSAI has also created the first-ever Group Copyright Infringement Insurance policy along with Frost Specialty Insurance, LLC. This policy can save songwriters thousands of dollars on premiums and offers coverage at previously unavailable lower limits. For more information: http://members.nashvillesongwriters.com/news.php?viewStory=986
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