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Protecting your songs


solo4652
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Hi,

The guitarist I jam with likes to write his own songs. When he emails MP3 files out to the rest of us, I'm a little concerned that, via the internet, somebody may discover his original material and "permanently borrow" his songs.

Is there a really simple and quick way he can protect his songs, please? I was thinking about something like simply adding "Copyright of John Smith", or suchlike.

Thanks,

Steve

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Legally, his songs are already protected as a work of intellectual property. Its enforcing it that's tricky i.e. having enough evidence that the song is yours to be able to take someone to court and win.

There's probably loads of threads on that already.

But the easiest way to put off this problem, would be to email the mp3s in password protected .rar/.zip files and give you all the password over the phone or at rehearsal.

You realise that the chances of someone actually nicking a song in the way you imagine are incredibly slim. Someone with the ability is unlikely to even know who you are. Unless you're secretly very famous. (Can you be secretly famous - bit of an oxymoron there)

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[quote name='Eight' post='442203' date='Mar 23 2009, 08:41 AM']Legally, his songs are already protected as a work of intellectual property. Its enforcing it that's tricky i.e. having enough evidence that the song is yours to be able to take someone to court and win.[/quote]

Back in the day we were advised to post a cassette of the songs to ourselves in a Recorded Delivery package, and not break the seal till we needed to prove the date we recorded them.

Maybe the fact that the file 'mysong.mp3' is datestamped 20/03/2009 and Bastard Records are claiming they wrote the song on 22/03/2009 would be enough evidence? ie, the very act of making an MP3 proves the date you recorded it?

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[quote name='bremen' post='442221' date='Mar 23 2009, 09:31 AM']Maybe the fact that the file 'mysong.mp3' is datestamped 20/03/2009 and Bastard Records are claiming they wrote the song on 22/03/2009 would be enough evidence? ie, the very act of making an MP3 proves the date you recorded it?[/quote]

In theory, but in reality it's too easy to change the datestamp on a file.

S.P.

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[quote name='Stylon Pilson' post='442225' date='Mar 23 2009, 09:35 AM']In theory, but in reality it's too easy to change the datestamp on a file.

S.P.[/quote]

Just as well I've never written a song worth nicking, eh!

How about sticking them on a website somewhere (with or without public access)?

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[quote name='bremen' post='442226' date='Mar 23 2009, 09:37 AM']Just as well I've never written a song worth nicking, eh!

How about sticking them on a website somewhere (with or without public access)?[/quote]

The problem is that even if someone were to write a song that was spookily similar to one of Steve's guitarist's songs, you'd have to prove that they knowingly "stole" it, and didn't just coincidentally write a song that was very similar.

For this to be an issue, the following things must happen:

1. The song must get intercepted
2. The person who intercepts it must like it enough to want to copy it
3. The person who intercepts it must actually go ahead and copy it
4. Make some money off of it, and...
5. Steve (or his guitarist) must find out about this.

I'm not saying it's impossible, but it's highly improbable.

S.P.

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[quote name='bremen' post='442221' date='Mar 23 2009, 09:31 AM']Back in the day we were advised to post a cassette of the songs to ourselves in a Recorded Delivery package, and not break the seal till we needed to prove the date we recorded them.[/quote]
Better than nothing.

From recent things I've read, unless its identical, then the accused is going to say that similarities must be just coincidence. (Aren't they still arguing about that in the Coldplay dispute?) Even worse if you're unsigned etc. as they could say they couldn't have heard your music before. It would be very hard to prove they did something like break into / intercepting an email account.

Edit: just to clarify that one: you wouldn't get help from the police on something like this; you won't have access to the offenders computers and your ISP is unlikely to take a mail server offline for you to analyse. So even if you knew someone qualified (this bit is important if they're going to testify in court) in forensic computing, you wouldn't be able to prove anything.

I'm sure they talked about this in Guitar World once. They pointed out stuff like its incredibly rare for famous artists and record companies to want to steal anything as the potential costs are so great. And anyone not that big who steals your music isn't going to be worth suing. Your legal costs would be horrible and all you might get is an apology and stop them playing it.

I can understand people want to protect their hard work, but sometimes the paranoia gets the better of people.

Edited by Eight
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[quote name='Stylon Pilson' post='442230' date='Mar 23 2009, 09:52 AM']The problem is that even if someone were to write a song that was spookily similar to one of Steve's guitarist's songs, you'd have to prove that they knowingly "stole" it, and didn't just coincidentally write a song that was very similar.

For this to be an issue, the following things must happen:

1. The song must get intercepted
2. The person who intercepts it must like it enough to want to copy it
3. The person who intercepts it must actually go ahead and copy it
4. Make some money off of it, and...
5. Steve (or his guitarist) must find out about this.

I'm not saying it's impossible, but it's highly improbable.

S.P.[/quote]

+1

It's far more likely that any potential plagiarist would hear the stuff at a rehearsal room or (shock horror!) at a gig. As a way of nicking others material (intercepting countless emails, scanning for mp3s, listening to the material and figuring out whether or not it's a cover of a well known song you've never heard of, let alone like it) is pretty far down the list.

If I wanted to to go out and deliberately nick someone's ideas I would have thought hanging around at unsigned bands gigs would be far more fruitful.

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From the Musicians Union website

[url="http://www.musiciansunion.org.uk/site/cms/contentviewarticle.asp?article=438"]http://www.musiciansunion.org.uk/site/cms/...asp?article=438[/url]

Works Registration Service – Our new free service for 2007

The Works Registration Service is a free registration, dating and secure storage service intended to assist members in proving when their works were created. We provide a re-writable CD (one per member per year), onto which you can record whatever you want to protect - compositions, recordings, lyrics, artwork, data, etc – in whatever format you want. You then seal the CD in the cover provided and post it to us, post a second copy to yourself by Special Delivery and keep a third copy for reference. If one of your works is infringed then registration with the Works Registration Service can help you prove when your work was created. Proving which work was created first is often a vital factor in successfully prosecuting or defending a copyright infringement claim. For more information contact your Regional Office.

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Thanks to everyone for the quick and informative replies. Sounds like I might be showing some early signs of Paranoia here!

I'll tell my friend about the Works Registration Service, and then he'll be able to decide for himself.

Thanks,

Steve

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