What works cannot be copyright protected?

Not all works can receive copyright protection. In fact, Title 17, the copyright title, specifically lists what can and can’t be considered copyrightable based on certain requirements. The first requirement for a work to be copyrighted is that it must be original. The second requirement under the copyright code is that the work be fixed in a tangible form.

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Can I use someone else’s copyrighted work?

Copyrighted work may be used with the copyright holder’s consent or for certain purposes by people other than the copyright owner under the Fair Use doctrine. The Fair Use doctrine allows reproduction for specific and limited purposes such as criticism and comment, news reporting, teaching, scholarship, and research.

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When is work considered to be in the “public domain”?

The ‘Public Domain’ refers to created material that either does not get copyright protection by law, or protection under the law has lapsed. By definition, materials in the public domain do not have copyright protection and thus you do not need the owner’s permission to use these materials.

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What is “fair use” in intellectual property law?

Fair Use is a defense to a claim of copyright infringement. This means that if you were to use a work and you thought your use was “fair use”, you would have to be sued for infringement and assert that defense. You or your attorney stating this belief would not prevent you from having to prove this defense in court as part of a copyright infringement claim.

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How much do music publishers get paid?

Discussion of the percentages music publishers are paid for various forms of music income. In exchange for a typical co-publishing deal, the music publisher is traditionally paid 50% of the “publisher’s share” of all royalty Income, which is income from mechanical and synchronization royalties.

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What is a publishing agreement?

Description of music publishing agreement between a music publishing company and a song writer. A music publishing agreement is a copyright contact that a song writer signs with a music publishing company. Per this publishing agreement, a publisher is assigned certain designated copyrights.

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Can a band use a name that is already trademarked?

Rarely, a band may use a trademarked name. For example, a mark that is primarily a surname does not usually qualify for protection under federal trademark provisions, unless the surname becomes well-known or acquires a ‘secondary’ meaning. Sometimes, a trademarked name can also be challenged and defeated if it is too broad. However, if a last name acquires a secondary meaning in the marketplace (e.g., Sears, McDonald’s), it cannot be used by others, regardless of its trademarked status. In order for a band to register a mark that has already gained secondary meaning, permission from the namesake must be obtained.

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Can I copy information on a website?

You may copy or duplicate information on a website, but within limits. So long as the copy that you are making is for personal use, you do not further distribute the material, and you make no ‘for-profit’ use of the material, then you are in a safe haven under federal copyright law.

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What is the copyright registration process?

Registration with the Copyright Office includes the filing of a copyright claim application, payment of the registration fee, and deposit of at least 2 copies of the work. There are several different copyright forms available and you must use the form corresponding to the type of work for which protection is being sought.

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