Question 1:
I am an audio composer. Some of my works may be in the media via television, radio, CD, DVD, Film. Some of my compositions may be in the form of original song, poems, music. How would I protect an original piece of audio and prevent people from performing it live at certained paid performances? Especially the original songs and music composition.
Answer 1:
The work should be registered with the US Copyright Office. You would then be able to obtain a court order preventing people from performing it without your permission.
Analysis/Summary 1:
It looks like after I have my works copyrighted, the use of the copyrighted material being perform can be obtained through what is called a “Compulsory License- Patent, Copyright & Trademark, pg224”, “The most common use of a compulsory license is in the music industry. Once a song has been recorded and distributed to the public on recordings, any person or group is entitled to record and distribute the song without obtaining the copyright ownersʻs consent, provided they pay a fee and meet copyright law requirements.” The copyright is defined as, “the exclusive right to make copies, authorize others to make copies, make derivative works, to sell (market), to display, to perform and to obtain court relief in the event others infringe these rights. Patent, Copyright & Trademark, pg231”
The last part was, “…to obtain court relief in the event other infringe these rights.”
However, in most cases instead of ordering a stoppage of the infringement, for the sake of my question, I can simply grant a ask for compensation if the would be infringer wishes to continue to use any of my works through a compulsory license. Ultimately I may gain a court order to halt any performance infringements.
In any case the types of damages would fall under one of three categories: “Actual damages(compensatory damages)…Profit damages… statutory damages… Patent, Copyright & Trademark, pg241-242”
Most of these damages are very hard to gain. You must first prove that you have copyrights, then you must prove that the infringer is actually “infringing”. In most cases this part of statutory law is overlooked because of it is very complex.
Question 2:
As an audio engineer, I may be called to design a ground up built for a mixing lab and/or mastering house. The designs will be strictly for acoustic purposes. It may involve sound absorbers and or deflectors that may swing out from walls. It also may include raised flooring. If I spec out a specific piece of room device or flooring, and the item injures someone. Can myself (as the room designer) be held liable for injuries incurred?
Answer 2:
There is a possibility that the designer could be held liable.
Analysis/Summary 2:
In my case my ground up builds will not make me an “inventor” of a patented interior design. I simply designed the build and am not constructing the build. Because my acoustic room design would not be patented, I am not subject to any damages should the building structure injure someone. It would fall under whatever agreement I had with the construction contractor.
If I draft something and copyright it, I would own exclusive rights to that particular design, it is called copyright of “architectural work, Patent, Copyright & Trademark, pg212-213” it is defined as “The appearance, architectural plans, drawings, or photographs of an architectural work (a building) cannot be reproduced without the consent of the owner of copyright in the architectural work-usually the architect or developer. There are some exceptions. For example, if the building is located in a place that is ordinarily visible to the public, photos or pictures of the building can be take, distributed, or publicly displayed. Patent, Copyright & Trademark, pg212-213”
Which means I can consult, build, suggest any acoustic room build, whether it is a mixing lab or a mastering house with out any design liability, in damages if anyone should get injured. On the other hand I cannot expect any compensation if ever someone where to copy the design of the build. The design will fall under public domain.
Question 3:
If I propose a design for a potential client and they refuse the design but use it regardless what can I do?
Answer 3:
If you still retain the copyright in the design and your copyright is registered with the US Copyright Office, then you could seek monetary damages and a court order preventing use of the design.
Analysis/Summary 3:
The lawyer stated that I must obtain a copyright for the design if ever I want to seek monetary damages and a court order preventing use of my design. If I don’t have the design copyrighted, I am not entitled and/or protected by copyright statutes.
Question 4:
If I work on a video project with a partner and it was free, but they sell it later can I be compensated?
Answer 4:
It depends. If you any your partner hold the copyright in the video project jointly, then you have an argument that you are entitled to compensation.
Analysis/Summary 4:
Assuming that I have “joint copyright ownership” of the piece of work, I am entitled to my share of the profits made. The term “Joint work, Patent, Copyright & Trademark, pg275” is defined as “a work prepared by two or more authors who intend to merge their contributions into inseparable, or interdependent parts of the whole. Patent, Copyright & Trademark, pg275.” Furthermore, “The US copyright office will accept for registration works that meet the statutory definition and will treat the coauthors as having equal rights to the register and enforce the copyright, regardless of what the joint authors arrange among themselves. Patent, Copyright & Trademark, pg275.” If there is a separate “partnership agreement”, it will over ride the basic statutory definition and the specific owner ship will fall under the “partnership agreement”.
Question 5:
If production work is created using a popular program, am I allowed to make money off of it?
Answer 5:
It depends on the situation. For example, if you use MS Word to write a novel, you are certainly entitled to make money from selling the novel.
Analysis/Summary 5:
In my case the program I will be using the most to compose original audio works is Pro Tools. They currently do not have rights for anything produced on that software platform. It is simply a mean and way to the creation. I am subject to benefit from any works completed using Pro Tools, and I may do so with out permission from the makers of Pro Tools. I have rightfully purchased the software, in which it grants me exclusive use of the software. No infringement incurred. And I am entitled to make money on anything that is created using it.
Question 6
If a film I worked on is produced and shown in theatres, and my name is left out of the credits is there anything I can do to be compensated?
Answer 6:
It depends on what role you played in the film and what contractual rights, if any, you have.
Analysis/Summary 6:
If I am indeed the “coauthor” of a film then I am entitled to any compensation under “joint copyright ownership, Patent, Copyright & Trademark, pg275”. If my name doesn’t appear in the “credits” portion of the film, there is nothing in the Statutes the directly pertains to “credits” of a work.
