FROM THE DESK OF

FROM THE DESK OF... SHELLY HARRIS

UNRAVELING THE RED TAPE

by Shelly Harris / Attorney

QUESTION:

I compose and record songs that have recently gotten the attention of two different distributors. One of the distributors wants the option of manufacturing and distributing the songs (which will be specifically named) either in a separate CD, or on a compilation CD with other acts. However, I have to verify that I have the “ownership” of all the compositions and the performances, too. I did register a copyright of most of the songs already, using the Copyright Form PA, but I think now I should have used the Form SR. All the songs were written and performed by me, except one that has some minor accents cords and simple melodies that were contributed by another musician. Do I have a problem, and what can I do to correct it?

ANSWER:

If you intended to copyright both the musical compositions (including any lyrics) AND the particular performance/sound recordings (the particular way the songs are played and produced), then the Form SR would have been the one you should have used because it will protect both the performances and the songs themselves with one form and fee, whereas the Form PA only covers the copyrighting of the composition and lyrics.

If you want to “officially” protect (and prove ownership) of both the performances and the songs now, you will also have to register the performances using a Form SR now, but you can do a whole collection of them on one disk, as long as all the performances are by the same person (in this case, you). In the future, if all the songs are written by the same person (s), and the same person(s) are ALL also the performers on ALL the songs, you can include them all on one Form SR and you will also have just one fee. (All the songs must be compiled on a unified disk or tape, however, which then send in with the form in duplicate.)

The song that you performed with someone else could not be included, however. That one would have to be done separately in a Form PA for the composition (done by you) and a Form SR for the performance that includes you and the other person. However, if the other musician did contribute substantially to the composition of the song –- and that definitely DOES include “simple melody lines” if they are integral to the song (though usually not bass and drum parts) – then you would really need to credit him as a composer of the song, too, to avoid future problems. If you do choose to do that, then you can register that one song and the performance on one Form SR, since the composers and performers are the same.

The official language on this issue reads as follows: “REGISTRATION OF A MUSICAL COMPOSITION AND A SOUND RECORDING WITH A SINGLE APPLICATION.”

Although they are separate works, a musical composition and a sound recording may be registered together on a single application if ownership of the copyrights in both is exactly the same. To register a single claim in both works, complete Form SR. Give information about the author(s) of both the musical composition and the sound recording.

Please note that there is plenty of user-friendly information and guidance on this topic on the official website at www.copyright.gov

Email your entertainment business questions and comments to Shelly at: shellyharrislaw@aol.com

[Note: Names are always changed in these Q & A’s; in addition, it is always in your best interest to consult an attorney of your choice directly regarding any particular legal issue or problem you might have.]

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