Tuesday, October 25th, 2022.
Hey, it’s TJ Miller, you want some game? Let's Tip Unda The Hat!
For the best indie music from indie artists, click, and follow Independent Artist Of The Week Unda The Hat. This week, Watson’s Head. Be sure to hit the like button and follow this amazing group of indie artists. They will be major soon!
Copyright infringement? - Let’s go -
So let’s start from the beginning, the US copyright office defines copyright as a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. The word infringement is the action of breaking the terms of a lawful agreement. Put them together and you got copyright infringement. As a copyright owner, you get six exclusive rights. You alone can create copies of your song, distribute it, make derivatives, display it, and perform the composition and sound recording. If someone else wants to do any of these things, they need to get permission from you, and, in most cases, give up some cash. Back in the day, there was a thing called a “Poor Mans Copyright,” where you could mail a copy of your work to yourself and keep it sealed. And it kindah gives you protection. But don't get it twisted; the process will not get you an enforceable copyright. And what’s the use of a copyright if you can't bring suit to enforce it if something goes down and somebody steals your work? So basically you should register your work with the U.S. Copyright Office for additional benefits, including access to federal courts in the case of infringement. Registering your work also makes a public record of your ownership. Section 501 of the United States Copyright Act states that copyright infringement is when someone uses your original works without your permission, knowledge, or compensation. Examples of copyright infringement are quite plentiful, and they occur—not just by shady individuals lurking in the dark web, or even by people who are unsuspecting or ignorant of the law—but by some of your favorite and beloved artists who have major entertainment attorneys who should know better….hummm maybe that does make them a little bit shady huh? 🤔
So the reality is if or when infringement does happen, you must first consider what the damage really is. Of course, in principle, it’s just wrong, (c’mon now, why you stealing?!!) and it’s your right to stop them from doing it. But, for any attorney or judge to take an infringement case seriously, you need to have suffered a substantial loss. Should you feel there’s substantial damage and an infringement exists, then it just might be time to go to war. You will need to show that you own it via your copyright registration, prove that the accused had access to hear your original song, show that it is substantially similar, show how it is unique (that’s why I’m not a fan of all these new hip hop songs sounding alike…but I digress), bring in possible witnesses to where, and why the song was written, proof of publication and how the rip off damaged your bottom line. Wow, a lot right?
Some of the more popular infringement cases include Chuck Berry vs. The Beach Boys (I mean they just took the whole song geez), Queen and David Bowie vs. Vanilla Ice, and of course Marvin Gaye vs. Robin Thicke & Pharrell Williams. Now if you are on the other end of this and thinking about “borrowing” or sampling a line or two from a big hit that’s out there, here’s a piece of advice…don’t!
To hear great stories and gain insight into the industry, join industry legend Johnny Walker formerly of DefJam now founder of Nabfeme, Philanthropist Robert N. Johnson, and myself on Wednesdays at 4:00 PST, 6:00 CST, and 7:00 EST on Clubhouse. Click and save the link, then join in to ask questions, make comments or tell stories. “Untold Tales of the music industry.”
This week's #IAOTW - Indie Artists Of The Week - Watson’s Head. Yes second week in a row, because the new single Despot is out now. As I told you last week, this San Diego rocker is all about psychedelic-funk-rock with a hit of reggae. Yeah, it’s unique like that. If you rock out, this is what you want.
Click on their name, scroll down, and click the picture to learn more about this talented artist. Be sure to like and share the Spotify playlist.
For more information on this or to hire Unda The Hat as your brand or label consultant send a message via undathehat.com. See you next Tuesday.