Publishing Music? International Standard Number? Copyright?
Question by lifefolk: Publishing Music? International Standard Number? Copyright?
I make music. I finally created my first album and had it printed via “Disc Makers”. I am copyrighting the album onine via the U.S. Copyright Office’s website. The website asks me if this work is published. Since I had my album pressed by Disc Makers, wrapped in a real case, with a barcode on the back…. does it mean that my “work is published”? If so, the website asks me for the International Standard Number? What is this? Is it the number under the bar code? If so, is it 10 digits? Or 12 digits? (there are single digits at the beginning and the end) Wikipedia told be that International Standard Serial Numbers are 8 digits. Please help!!! Thank you!!! Oh, also, should I simply upload the mp3 files, or should I send in a hard copy of the album?
Best answer:
Answer by ron_mexico
Publication is a legal concept unique to copyright law not clearly defined in the Copyright Act. The Act provides that a work is published when copies of the work are distributed to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
The definition provided in the Act does not provide detail regarding what is and is not publication. For example, the Act does not indicate whether playing a song on the radio is publication, or whether filing documents with a government agency is publication, or whether posting electronic files on a website is publication. Courts have interpreted the definition provided in the Act to mean that the author must distribute the work to the public at large, or must offer the work to third parties with the intent that the third parties redistribute the work. The meaning of publication is a fact determination specific to the work and the means by which copies of, rather than representations of, the work would be distributed.
Publication assumes greater significance when applying for copyright registration. Though published and unpublished works may both be registered for copyright protection, the sample deposit requirements for unpublished works are much less comprehensive than the requirements for published works. Unpublished works may typically be registered on the Copyright Office’s online registration system and a sample deposit may be submitted electronically rather than physically through the mail. Additionally, copyright applications submitted online are processed more quickly than traditional paper applications.
If you would like to register your work, you should consult counsel experienced in determining whether works are published or unpublished and registering works with the Copyright Office.
http://www.scottandscottllp.com/main/publication_under_copyright_act.aspx
The International Standard Serial Number (ISSN) is an internationally accepted code to identify serial publications.
http://www.loc.gov/issn/issnbro.html
The link below discusses deposit requirements for your musical composition.
http://www.copyright.gov/circs/circ50.pdf
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