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Does releasing my own music on itunes automatically copyright protect it?


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I'm guessing it doesn't actually provide a "copyright" but if I were to release the music I make on itunes, would that help provide protection in any way or at least count as proof of me being the first person to release it?

 

(sorry if this thread's been done already, couldn't find any duplicates)

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I'm guessing it doesn't actually provide a "copyright" but if I were to release the music I make on itunes, would that help provide protection in any way or at least count as proof of me being the first person to release it?
If you have written the score, you own the copyright in that.

If you have performed the score with an instrument, you own the copyright in that.

If you have recorded the performance, you own the copyright in that.

If you have stored the performance electronically in a file, you own the copyright in that.

 

[4 copyrights so far, OK? Still with me? ;)]

 

'Releasing' the electronic recordal on iTunes does not 'make' each of these copyrights any more or less of a copyright, or 'register' them in any way - it's just a form of distribution.

 

If anything, it would help (to an extent, not the full extent) prove your ownership of these copyrights and approximate their date of conception. But no more. And of course, you should very carefully read the small print on the iTunes consent form (or somesuch) at the time of uploading, to check what kind of licenses you would be granting to Apple under your copyright(s), and that you are happy doing so.

 

Copyright arises automatically as an operation of law (the CDPA 1988, to be precise), there is no (official) recordal of this form of right available in the UK, or in Europe for that matter.

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If you have written the score, you own the copyright in that.

If you have performed the score with an instrument, you own the copyright in that.

If you have recorded the performance, you own the copyright in that.

If you have stored the performance electronically in a file, you own the copyright in that.

 

[4 copyrights so far, OK? Still with me? ;)]

 

'Releasing' the electronic recordal on iTunes does not 'make' each of these copyrights any more or less of a copyright, or 'register' them in any way - it's just a form of distribution.

 

If anything, it would help (to an extent, not the full extent) prove your ownership of these copyrights and approximate their date of conception. But no more.

 

Copyright arises automatically as an operation of law (the CDPA 1988, to be precise), there is no (official) recordal of this form of right available in the UK, or in Europe for that matter.

 

So is it more a case of if I can prove it's mine, I own the copyright?

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So is it more a case of if I can prove it's mine, I own the copyright?
No (soz RB ;), just chalk it down to the need to be very precise, considering the phrasing of the question).

 

If you author a work, without copying it from another work (whole or in a substantial part), you own the copyright in the work. Automatically so.

 

Refer:

Copyright arises automatically as an operation of law (the CDPA 1988, to be precise), there is no (official) recordal of this form of right available in the UK, or in Europe for that matter.

 

You would only ever have to 'prove' that (i) there is a copyright in the work and (ii) that you own it, in the context of commercial dealings or infringement litigation.

 

There is no "best way" of proving copyright and its ownership, other than through documenting, very diligently and in as much detail as possible, all that you do in relation to a work, as you go on.

 

 

EDIT - 'simple' version:

 

If you create an original work qualifying for copyright protection, the CDPA 88 says you own the copyright in that work.

 

If you cannot prove that (i) copyright attaches to the work and (ii) that you you created that work (so you own an enforceable copyright), then releasing on iTunes (or not) won't make a blind bit of difference (e.g. an adverse party may counter-claim that you copied their work then released it on iTunes without their consent). An iTunes release, in the context of further, detailed evidence painting a comprehensive picture of your authorship (e.g. notes, score, alpha/beta versions, etc, etc) helps prove (ii), but does not prove your ownership in and of itself.

 

That's the major downside of unregistered forms of IP, and the reason why copyright is (usually/very frequently) irrelevant in a 'proper' business context.

 

Even if you can prove (i) and (ii), in a litigation context you would always have to also prove that (iii) the infringer copied your work. That's where copyright-based litigation falls on its @rse most frequently, because it's not simply a case of showing both works to the judge and saying 'they copied mine'.

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No (soz RB ;), just chalk it down to the need to be very precise, considering the phrasing of the question).

 

If you author a work, without copying it from another work (whole or in a substantial part), you own the copyright in the work. Automatically so.

 

Refer:

 

 

You would only ever have to 'prove' that (i) there is a copyright in the work and (ii) that you own it, in the context of commercial dealings or infringement litigation.

 

There is no "best way" of proving copyright and its ownership, other than through documenting, very diligently and in as much detail as possible, all that you do in relation to a work, as you go on.

 

 

EDIT - 'simple' version:

 

If you create an original work qualifying for copyright protection, the CDPA 88 says you own the copyright in that work.

 

If you cannot prove that (i) copyright attaches to the work and (ii) that you you created that work (so you own an enforceable copyright), then releasing on iTunes (or not) won't make a blind bit of difference (e.g. an adverse party may counter-claim that you copied their work then released it on iTunes without their consent). An iTunes release, in the context of further, detailed evidence painting a comprehensive picture of your authorship (e.g. notes, score, alpha/beta versions, etc, etc) helps prove (ii), but does not prove your ownership in and of itself.

 

That's the major downside of unregistered forms of IP, and the reason why copyright is (usually/very frequently) irrelevant in a 'proper' business context.

 

Even if you can prove (i) and (ii), in a litigation context you would always have to also prove that (iii) the infringer copied your work. That's where copyright-based litigation falls on its @rse most frequently, because it's not simply a case of showing both works to the judge and saying 'they copied mine'.

 

As I said - 'Wot he said.'

 

''Your Music''? - if you mean my collection of Geraldo records and my collection of Val Doonican records - no of course I don't own the copyright (I would probably argue - if pushed - that I didn't own the records either - they belong to the dog. ;))

 

I do, however, own the copyright to the shopping list which I wrote and left at home. (I'm quite prepared to cede the copyright to you if you'll go to the shop and pick up the things I forgot to get - but the list itself [written by me] is mine. I own the copyright.

 

As my wife tends to remind me when I leave it on the fridge.

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You don't "release" music on iTunes, your publisher/label does. iTunes is just the shop it is sold to the public from -- no more than a digital version of a high street record store. Apple doesn't own the copyright of the digital file any more than Virgin or HMV do on a CD.

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There are a number of organisation dedicated to recording and storing the copyright details of works which would give added protection so have a look. Some can tend to be expensive but for around £100 you should be able to register.

 

When I was at Red Tape they advised this one I think.

 

http://www.copyrightservice.co.uk/

 

And yes you do automatically own copyright..

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