Jump to content

Copyrights and upc codes


LuIzA
 Share

Recommended Posts

So as some may have heard, I'm planning on releasing a CD. I'm looking into releasing it both digitally and physically via CD Baby.

they offer UPC code generation for another $20, so I'm wondering, how important is a UPC code, given I'm only releasing it physically through CD baby and myself?

I also was looking into copyrighting at copyright.gov. Has any one here ever done that? Do you register it as Performing Arts or Sound Recording? What's the real difference?

Link to comment
Share on other sites

So as some may have heard, I'm planning on releasing a CD. I'm looking into releasing it both digitally and physically via CD Baby.

they offer UPC code generation for another $20, so I'm wondering, how important is a UPC code, given I'm only releasing it physically through CD baby and myself?

I also was looking into copyrighting at copyright.gov. Has any one here ever done that? Do you register it as Performing Arts or Sound Recording? What's the real difference?

I am not sure about the copyright laws of Brazil. In the U.S., when you create a work, it is automatically copyrighted under your name. However, if you do not register your work with the government (for us, www.copyright.gov) then PROVING it is yours is more difficult in court, plus it limits how much monetary compensation you can get if someone rips you off. Nonetheless, I believe that if someone is going to rip you off, they won't care whether you are registered or not. It takes time and money to go to court and unless you have a lot of both, you probably won't be able to do anything anyway (but obviously if you make a hit song I would register that ASAP!)

As for UPC bar code, you do need one if you plan on distributing through CD Baby. Even though they're just one store, they distribute your music to places like iTunes, Amazon MP3, Napster, etc. and these retailers typically require UPC codes. So, just think of it as an annoying but necessary fee.

Link to comment
Share on other sites

On a related note, would someone have to go through a similar process to copyright/claim their artist name?

This is not copyrightable. All that you can do for an artist/band name is servicemark it, which is basically way that people won't confuse two different people offering services. The best way to go about doing this is just to get your name out there - start playing shows. If there is a local band in New York and a local band in Boston, both with the name "The Repeaters," there is not a big chance of the two confusing the two, and the legal system won't do anything about it. However, if you're going to name your band Aerosmith and you're from Boston, there is a big chance that someone will go to your show, thinking it's the band Aerosmith, and they can take you to court over it. However, if you named your band Jiffy Lube, you're fine, because nobody is going to mistake a band for an oil change.

So basically, there is no way to protect your band name other than proving that someone else of the same name, after you've established your name, is going to be taking revenue from you by confusing the average person.

Link to comment
Share on other sites

However, if you named your band Jiffy Lube, you're fine, because nobody is going to mistake a band for an oil change.

Not necessarily. For example, the band The Postal Service almost got sued by the US Postal Service, but they came to an out of court agreement.

Link to comment
Share on other sites

Doesn't mean that the US Postal Service would've won the case.

Granted, but getting sued is expensive and a hassle regardless of whether you ultimately win, and using a name that's already widely recognized as being related to someone besides yourself dramatically increases the chance of lawsuits, justified or unjustified.

Link to comment
Share on other sites

I am not sure about the copyright laws of Brazil. In the U.S., when you create a work, it is automatically copyrighted under your name. However, if you do not register your work with the government (for us, www.copyright.gov) then PROVING it is yours is more difficult in court, plus it limits how much monetary compensation you can get if someone rips you off. Nonetheless, I believe that if someone is going to rip you off, they won't care whether you are registered or not. It takes time and money to go to court and unless you have a lot of both, you probably won't be able to do anything anyway (but obviously if you make a hit song I would register that ASAP!)

As for UPC bar code, you do need one if you plan on distributing through CD Baby. Even though they're just one store, they distribute your music to places like iTunes, Amazon MP3, Napster, etc. and these retailers typically require UPC codes. So, just think of it as an annoying but necessary fee.

In brazil, one has to write scores to their music and register it with the National Library, but I'm unsure if that's valid worldwide. There are a lot of horror stories about this, the Jorge Ben/Rod Stewart case comes to mind. So What I'm really wondering is, if one is to register with copyright.gov, then does one have to register the score or can one register a sound recording, like the site mentions? How does that go?

About CD Baby, supposedly the UPC code fee is apart from their album fee, which since their digital distribution services require it, then why not just make it one fee? Their site is not very clear about this.

Link to comment
Share on other sites

In brazil, one has to write scores to their music and register it with the National Library, but I'm unsure if that's valid worldwide. There are a lot of horror stories about this, the Jorge Ben/Rod Stewart case comes to mind. So What I'm really wondering is, if one is to register with copyright.gov, then does one have to register the score or can one register a sound recording, like the site mentions? How does that go?

I believe the US copyright registration system only requires that the work exist in a fixed form, which means that it can be registered either as a score or as a recording.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...