Artist Development 02

Content Protection

by John Latimer

Part Two of Artist Development is protecting creative content. This is done by the process of copyrighting.  According to the newest copyright law, an original work is copyrighted as soon as it is in tangible form.

Copyright extends to books, dramatic works, audio visuals, motion pictures, pictorials and graphics, choreographic works, handouts, musical works, presentations and architectural works, dances, poems, and, yes, sound recordings.

All of those have potential to show copyright.  That’s the content.  Remember, content is king.  That’s where the money is. Protecting an Artist’s assets is an important part of Artist Development. Not all Artists are songwriters but many may be cowriters.

Right now. Copyright, as a general rule, for works created after January 1, 1978, is the life of the author plus 70 years.  The life of the author plus 70 years.  That’s the length of a copyright.  And, if you’re interested, it’s copyright.gov. Don’t go to copyright.com.  It’s not the same.

Artist Development is about protecting the “great” songs by registering them with the copyright office.

Who can claim a Copyright?

When the author creates a work, it becomes the author’s property. The author him or herself or those who derive rights from the author, are authorized to claim a copyright. There is a slight variation in case the work falls under ‘work made for hire’. A work belongs to the group of ‘work made under hire’, if it is made by an employee during his/her period of employment. In cases where an employee signs an agreement that his/her work made during his employment tenure should fall under this category, the employer becomes the owner of this work. If a piece of work is in the form of a contribution made to a collective work, it is grouped under ‘work made for hire’.

The Copyright Act of 1976, Section 102, states copyright protection as exclusive rights to:

  1. Right to copy or reproduce.
  2. Right to generate derivatives from the original work.
  3. Right to lease or sell copies.
  4. Right to public performances.
  5. Right to public display.
  6. Right to digital sound recording.

The Act determines fair use according to:

  1. Purpose and character.
  2. Nature of work.
  3. Extent of original work used.
  4. Effect on the potential market.