How Do I Protect My Songs?

"Poor Man’s Copyright"

Other writers protect their works by sending copies of their work to themselves by registered mail which is immediately stored, unopened for future use if need be. The date stamp on the envelope can be good evidence of the date of creation of the song which could be used as evidence in court.

Songwriting Credit – Copyright Infringement

In the co-writing scenario many of the tests are outlined in the case of Darryl Neudorf vs. Sarah Mclachlan. (For a complete text of this decision see: www.courts.gov.bc.ca/jdb-txt/sc/99/19/s99-1906.txt) Some of the test outlined in this case provide a guideline for songwriters and producers working together on recording and, possibly, co-writing together.

These tests are outlined in paragraph 96 of that judgment as follows:

1. Did the author contribute significant original expression to the songs? If yes,
2. Did each of the plaintiff (producer) and defendant (songwriter/artist) intend that their contributions be merged into a unitary whole? If yes,
3. Did each of the plaintiff (producer) and defendant (songwriter/artist) intend the other to be a joint author of the songs?

A number of tests have been developed by the courts to determine whether or not copyright infringement has occurred. We don’t have the room here to discuss these in detail but a number of factors are relevant as follows:

1. Did the infringer have access to the original work?
2. Was the original work created before the infringing work?
3. Does the infringing work appropriate a “substantial” part of the original work?

Infringement issues arise frequently with respect to the sampling issues. Consider how this might be relevant for you as a songwriter of an original work. (For an article on sampling issues see www.sandersontaylor.com for a copy of an article which originally appeared in Canadian Musician Nov./Dec. 2001).

How Are Splits Determined?

Many songwriters have questions about how song writing is split or how percentages are determined. Unfortunately, there is no scientific definition on how to apportion various contributions to a song. The following methods are effectively used by various songwriters.