Categories
Singer's Advice

Ignorance Is A Loser

Not knowing the law does not absolve anyone of the consequences of breaking a law. Similarly, not knowing the protection afforded by law itself, is simply ignorance and ignorance is dangerous.

People have died from being ignorant or from being rebellious and history is replete with examples of those.

There is much ignorance, misinformation, and missing information around, about copyright and licensing rights and other facts of law having to do with the music business and intellectual property rights protection.

Self-representation is offensive.

You walk into a court and represent yourself because why? You are delusional and think you know how to be a great lawyer, and that you know the law well enough to be capable in a courtroom of defending yourself. After all, you have seen some TV shows, right?

The judge is a lawyer.

He/she went to school and passed the bar.

He/she practiced law.

You insult him/her by pretending to be competent, just as a person pretending to be a doctor can and has caused loss of life.

Pretending to know law is a delusion. It is a recipe for disaster.

Copyright Registration

If your work is copyrighted when you create it, why register it? This is best answered by an actual licensed professional attorney.

Read on.

Anyone giving legal advice does so illegally. My advice is to consult with a licensed attorney and to not act on your own, when an attorney is needed. My disclaimer is that this is not or intended to be legal advice. Seek and use an attorney for legal advice.

You can be held accountable for giving advice, especially if it doesn’t work out well, but giving legal advice is practicing law without a license and is a crime in most places.

This being said, two easy points of reference are from the actual U.S. Copyright office and a written explanation by an actual attorney on a site, referenced below.

You still should consult with a licensed attorney, even after having read the two web pages below. Unless you are a lawyer, you may have misinformation which can bite you one day and the law does have “teeth”. You may not know law well enough to fully grasp the implications in law, unless you are an attorney, yourself.

U.S. Copyright Office – What is Copyright?

From Legal Zoom, written by attorney, Michelle Kaminsky, Esq.

“8 basic facts every musician should know about copyright law.”

https://www.legalzoom.com/articles/8-basic-facts-every-musician-should-know-about-copyright-law

““““““““““““““““““““““““““““““““““““““““““

You lock your door to your home. You lock your car doors. This is common sense.

If you ever have to prove/defend your intellectual property as being yours, you should want to be prepared. This should be common sense.

Open a book. Look at sheet music. Look at movie credits. Do you find a copyright notice with a ‘c’ in a circle? Do you see the date, also? People who value their works usually protect them through registration of them.

U.S. Copyright registration is done by citizens and also non-citizens of the U.S. Do you know why?

There is a plethora of case law regarding copyright and copyright infringement, which is evidence enough to justify the small fee required for having recorded evidence, in the form of copyright registration, of having created a musical work and including the date.

Your friend, whether a recording engineer, or a butcher, may or may not be a lawyer.

It should be common sense to use licensed people for: medicine, law, architecture, engineering and accounting. Why? They are held to a very high standard of accountability for their advice and their practice. They have not only been to college, but have also had to successfully complete internships and have passed stringent tests, to be licensed.

The licensing authorities do this, not so much to regulate, control and charge fees, but rather this is done for the public good and safety. It is how civilized society maintains a hopefully safe environment for the good of all.

You may need an attorney to help you to understand this and it is recommended to use one, if you are not one.

edx.org has a fabulous course done by Berklee College of Music. It is called Introduction To The Music Business and the instructor is an entertainment attorney. His course is highly recommended,