WHEN TO ASCAP ?

[winston]

I'll post some more comments and perhaps even a little advice on this subject before the beginning of next week. Protection of songs that you have written is not something that you take lightly. It is a very serious business. Imagine how you would feel if you heard your song on the radio and worse it became a monster hit, but you are not credited for the work and therefore do not receive a dime in royalty payments. Sounds far fetched, but it has happened.

Check out the discussion about Led Zeppelin. It touches on that very subject.

[winston]

I have not forgotten about this topic. I will get to it as quickly as I can. It was a busy weekend for me. Between doing some recording work and working on a couple of my airsoft AEG's, we managed to have an impromtu family get together, so it got a bit more hectic than I had thought it would.

So bear with me Melissa and I'll get back to you with some thoughts, in the meantime check out the Led Zeppelin topic as a great link was posted there today on this subject.

[winston]

Brian, I'm really looking forward to some further comments on this topic, as I am in the final stages of recording and mixing my own demo CD of my original songs....

OK Melissa,

Here are my thoughts with the caveat that they based on my personal experience.

When you write a song, first try to be careful that you have not "borrowed" phrases or signature lines from any other body of work. Whilst this is almost an impossible task, especially if you truly were not influenced by something in your memories store and your song ends up being unconsciuosly similar to someones song, suffice it to say that it is prudent to aware of influencing factors in your writing style. If your work enters the public domain and it indeed is reminiscent of another song either lyrically or melodically it will almost certainly attract unwanted legal attention.

Once you have completed your work either prepare a lead sheet or a recording of the work and mail it to yourself or better yet to your lawyer by registered mail. This is called "Copyright by Mail" and it will stand up to scrutiny in a court of law so long as you or your proxy store and never open the package that is received. If your lawyer chooses to open it then he would have to provide an affidavit as to the contents of the envelope and the date it was received.

This will in effect protect your work from copyright infringement by other writers/musicians. Of course particularly in your case, you can if you wish send your work for copyright registration to the US Copyright Office in Washington.

Then you should choose a performing rights organization such as BMI or ASCAP and register your work with them. After registration they will distribute any royalties earned as a result of play of your material to an audience in a public place.

[melibreits]

Thanks, Brian! Much appreciated!

[winston]

You are very welcome.