Thursday, March 14, 2013

Final Project: Rule of Law


It was all an overall learning experience, all the way from the questions that obtained information on how to get a song licensed to how to protect my rights as a citizen.  It is made clear now of what can be patented and what cannot be, depending what exactly they are.  ”Despite the fact that snippets of tones and music can be registered, a musician cannot register one of his signature songs as a trademark.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 310)  Music publication was also an interest of me since I am a professional in the audio industry, and where its publications lie. ”Most music publishers offer an upfront sum or advance to the songwriter and share the revenue with the songwriter as the song earns money.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 294)  For those who are looking to set up their own studio at home can learn from the same experience that I have endured. “The Audio Home Recording Act of 1992 (AHRA) requires the manufacturers of certain digital devices to register with the Copyright Office and pay a statutory royalty on each device and piece of media sold.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 215)  Not only can a song be licensed for protection, but a website as well can encounter infringement as well.  So, if a band decides to create a website to get them more recognition, they also may want to look into getting that copyrighted as well.  “A website or Web page is protected under copyright law and may be registered with the Copyright Office.  The procedure for registration is established in Copyright Circular 66, which is available at the Copyright Office website (www.copyright.gov).” (Patent, Copyright, and Trademark, Richard Stim, Pg. 341)  Those are licensed and protected are also entitled to many other damages awarded.  “As an alternative to seeking damages and profits, copyright who have timely registered their copyright may pursue statutory damages which can be awarded without any proof of harm or defendant’s profits.”  (Patent, Copyright, and Trademark, Richard Stim, Pg. 3281)  And there are also different types of copyrights to look out for when getting a song protected, depending on what the person is looking for.  ”The same person or business can own both types of copyrights, but the musical works copyright is usually owned by the songwriter or a music publisher, and the song recording copyright is usually owned by a record company.” (Patent, Copyright, and Trademark, Richard Stim, Pg. 295)

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