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Re: copywriting songs in the UK


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Posted by Stephen L. Anderson on June 26, 2001 at 13:02:21:

In Reply to: copywriting songs in the UK posted by Susannah Drazin on June 26, 2001 at 02:14:41:

Under the law of the United Kingdom, copyright protection attaches to a work automatically upon
"fixing the work in a tangible medium of expression." (That is, writing it down, or recording the work in its current and complete form.)

There is no official registration system for copyright in the UK and most other parts of the world.

There are no fees to pay and no forms to file, however proving that you were the first to create a particular work can be much more difficult under the UK system.

That is why many European authors and artists register their work in the United States and through such registration, they enforce their copyrights locally (in the UK or other foreign country under an international treaty known as "the Berne Convention" which gives full faith and credit to a US registration.

Another method of proving first creation of a work is to deposit such work with a bank or solicitor or other registry (the Writer's Guild of America is another depository of written works).

One common, though horribly inefficient and risky method is to send a postal letter to yourself which shows the current date, however, we discourage this practice as it is extremely easy to "steam open" and replace the contents of an envelope in the possession of someone who has an interest in the work.

In Canada, Registration provides only the additional benefit of demonstrating proof
of ownership as of a specific date. They do not even file the deposit material, they
only issue a certificate. Without a depository, the Canadian system too has its limitations, leaving one to wonder as to how any person would prove that the work has not beeen changed or altered since registration.

The Canadian officials inform us that the most popular way to protect a work in Canada
is to file for registration and, at the same time, to prove that the work remains
unaltered, to either 1) deposit it with a private broker or 2) to "send it off in a letter to yourself" and leave such letter unopened on return. THEY CLAIM THAT THE MAIL STAMP WILL SUFFICE TO SHOW CREATION AS OF A PARTICULAR DATE.

Again, we doubt the efficacy of this practice, and note that it does not take a brain surgeon
to steam open a letter and replace the contents before resealing same.

We think that their system leaves quite a bit to be desired and thus strongly encourage
you to seek US protection of your works with confidence in the fact that under the
Universal Copyright COnvention (BERNE) -all works created in member countries are
protected in fellow member states.

As such, the United States provisions always remain your best bet. Not jingoism - just reality.

Best Regards,

Stephen L. Anderson
Anderson & Shippey
www.copyrightpros.com



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