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Author Topic: music, media rights... ???  (Read 604 times)

daftfunk

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music, media rights... ???
« on: 12-02-10 at 03:31 am »

I think I have copywritten a title, I am not sure if I did this the right way? > I wrote the name down on a piece of paper, put it in an envelope and mailed it to myself. It remains on my desk unopened. Have I copywritten the title by mailing it to myself? and if so how do I go about getting the current user of this name to stop using it in their promotional arena. I am also wondering what rights I have to recordings of myself that are online, images I have taken that another person(s) using it for their own use and promotion. If originally I had given permission to the people/persons to use this media and now I want to revoke this permission what sort of steps do I go through to get them to stop using the title I came up with, the images and videos that I am in?

Rough Idea of things. I took promotional photo's of a singer, she displays them on all her online promotional materials, I was never paid for this and originally gave her permission to use the images for free, I still have all the original photo's on my computer. I was also a back up player for this singer and am shown playing along side her in a couple youtube videos which are currently online, I want her and the other member to take the videos offline, I have requested this and they still remain online. I also came up with a name/title to associate with her and another member of the group, which I would like them to stop using. She wrote the songs - the vocals, and rhythm, I wrote the drums (which I am playing).

none of the materials make me look bad, I just simply do not want to be associated with these people in any way shape or form, and I do not want them to display any images which include me and or images that I have taken for them.

I am really not that wealthy, so I don't know if I could afford a lawyer, but perhaps this is my only route?

I live in Alberta, Canada

help!!

 
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artchain

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Re: music, media rights... ???
« Reply #1 on: 12-02-10 at 12:41 pm »

I think you have some misconceptions.

(1)  In Canada and the US, creative works are automatically protected by copyright at the time of creation.  However, you have stronger protections if you register your work with the Canadian Intellectual Property Office.  The old "mail it to yourself" trick is an urban myth; it does nothing to secure your copyright.  Here's some basic info on Canadian copyright law:  http://users.trytel.com/~pbkerr/copyright.html

(2)  Generally a name or title can't be protected by copyright.  You are thinking of a trademark, and that's more complicated (and expensive).  If the band is actually using the name or title, it's likely they have established rights to it, even if you "came up with it."

(3)  The band's right to use your photos and music would be determined by the agreements you have made.  Ideally, you should have all agreements in writing, and signed by both parties.  But if you don't, verbal agreements can still be binding (the obvious problem here is proving what was said).  In general, however, if you granted them permission to use your work (in other words, you made an agreement, or verbal contract), you can't simply change your mind. 

(4)  Under Canadian law, you have some addition rights called "moral rights."  These include the right to be attributed, or to NOT be attributed if you wish. 

This is all very general background.  The specific legal options open to you depend heavily on agreements you have made, and other factors.  Please understand that enforcing your intellectual property rights usually requires civil action, so the only way to really know where you stand is to consult an Intellectual Property attorney.

Now, as far as the YouTube video, there is another path you can take.  If your creative work was used in the video, and you DID NOT give permission for its use, then you can file a DCMA "takedown request" (also called a "copyright complaint") with YouTube, and they will likely take down the videos.  Here's some info:  http://www.youtube.com/t/dmca_policy


« Last Edit: 12-02-10 at 07:25 pm by artchain »
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daftfunk

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Re: music, media rights... ???
« Reply #2 on: 12-03-10 at 11:17 am »

What if the person using the images I took copied them from my facebook page? I made a complaint through youtube. I guess this is just a learning experience for me... unfortunately it looks as though I won't be able to get them to stop using these images. Arrrg!
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artchain

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Re: music, media rights... ???
« Reply #3 on: 12-03-10 at 11:58 am »

This is confusing.  The person took the images from your Facebook page?  Did you, or did you not, give permission?

The bottom line is, yes, consider this a learning experience.  If you are in a creative field, you should learn the basics of copyrights, and you should ALWAYS get every agreement in writing. 

daftfunk

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Re: music, media rights... ???
« Reply #4 on: 12-04-10 at 02:23 pm »

Thanks for your feedback. I appreciate it, at least I know where I stand now.
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