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U.S. Copyright Basics There are two types of copyright that apply to music. These two forms are almost identical to each other but serve distinctly different purposes and carry significantly different rights. Technically, you don't have to file either one of these forms when you write something. Under current law, copyright takes effect as soon as you finish writing or recording something. However, in the event of a copyright dispute or infringement lawsuit, punitive damages are not available for unregistered works. Copyright Office fee to register a work using either form is $45. What's the Difference? Original Copyright Symbol Copyright Form PA (Performing Arts) Applies to: Words and Music Songwriter(s) and music publishers split these royalties equally. The publisher collects the royalties and pays the songwriters their share. Phonorecord Copyright Symbol Copyright Form SR (Sound Recording) Applies to: Performance, Sound Recording The record company that makes the recording is the default copyright owner. Featured artists and musicians are paid according to the terms of their contract. Creations Products/Packages This is the copyright that the RIAA possibly doesn't own and is trying to reduce royalties for. This is the copyright that the RIAA owns and sues dead people for infringing upon. The RIAA doesn't have to ask anyone for permission to cut artist royalties except the artists. The "Work For Hire" section of the Form SR instructions explains how the record labels bypass even giving musicians a name check for their performance. With the exception of a relatively new royalty structure for "digital transmissions" (collected by SoundExchange -- motto: "We can't find you"), musicians and artists have never received royalties when their music was performed or broadcast in the U.S. -- only the songwriters/music publishers.

Downloading Is Not Theft v2.0 By George Ziemann -- November 16, 2007 Just had an odd argument with a lawyer online at Slashdot, who was making the recurring lame argument that downloading is piracy is theft. The best retort I saw came from a Black's Law Dictionary definition of "video piracy," which involved making copies "and selling or renting" them. So I'm gonna make this big enough that even the lawyers can read it. A search of the U.S. Code reveals that the only time the word "downloading" is even mentioned in the federal law is as a viable defense for possession of child porn. Limit it to "download" and you get a reference to electronic file maintenance for the Dept. of Agriculture, a second concerning military dental and medical records and one reference that is applicable to criminal cases only. § 2320. Trafficking in counterfeit goods or services (B) In this paragraph, the term "online infringement cases" as used in paragraph (2) means those cases where the infringer- (i) advertised or publicized the infringing work on the Internet; or (ii) made the infringing work available on the Internet for download, reproduction, performance, or distribution by other persons. The words "downloading," "download," and "piracy" do not appear anywhere in the U.S. copyright laws. The only time the term "piracy" is used in any context which does not involve ships, planes, trains or automobiles is as a comment in a House Report. That does not count. The U.S. law never mentions downloading of music files, much less prohibit it or equate it with theft. Downloading is not a crime, no matter how much bullshit they quote trying to tell you it is because what they can't quote is an actual law. For the Benefit of Mr. Bush... by George Ziemann -- July 25, 2007 Asked about music royalties recently, President Bush responded, "I have, like, no earthly idea what you're talking about. I'm totally out of my lane. I like listening to country music, if that helps." Not much, unless that is going to be his official signing statement for anything coming across his desk that effects music. As a result, I have prepared this handy graphic, so Dubya can have a clue the next time he goes to Nashville.