The Last Word on the Copyright Laws - Title 17, U.S. Code

Copyright means….the exclusive, legally secured right to publish, reproduce and sell the matter and form of a literary, musical, dramatic, or artistic work. A copyright supplies the copyright holder with a kind of monopoly over the created material which assures him of both control over its use and the monetary benefits derived from it.

The first copyright protection was given by the Republic of Venice in 1491. Dei Petrucci obtained the exclusive privilege to print figure music for a period of twenty years. He was the inventor of music printing from moveable type.

The U.S. Constitution, since 1789, when it went into effect, included the area of copyright as appropriate for federal action. In the United States, Article 1, Section 8 of the Constitution authorizes Congress to create a national system to "promote the Progress of Science and Useful Art by securing for limited times to authors the exclusive right to their writings." Major revisions occurred in 1831, 1870, 1909 and most recently in 1976 when on October 19th, President Gerald R. Ford signed into law - Public Law 94-553 setting forth the law of the land in regard to copyrights. This new law became effective January 1st, 1978.

International copyrighted laws came about at a meeting in Berne, Switzerland in 1886. There were 14 original members at the Berne Convention. Not until 1988 did the United States reverse its longstanding opposition to the Berne Convention and became an approved member in 1989. The U.S. differs somewhat from the general laws of the other members in that the author has the right to preserve his or her work from any alterations.

The important feature of the legislation of 1978 is the establishment of the general term of copyright protection as the life of the author plus 50 years. Also, the Office elected not to have forms filled out to claim copyright, instead just requires a notice of copyright affixed to copies of published works in such manner and locations as to give reasonable notice of the claim to copyright. Copyright…with the year of first publication and name of owner of copyright or sound recording. You may register your song anytime during the life of the copyright either before or after it is published. Failure to place a notice of copyright on copies of such works can no longer result in the loss of copyright. However, it is recommended to do so.

Among the limitations imposed on the rights of copyright owners are certain compulsory licenses. The enactment of the Copyright Royalty Tribunal has the power to adjust the royalty rates under these compulsory licenses and to redistribute the royalty fees. They meet every ten years.

It is against the law to photocopy any song, use copyrighted lyrics in a bulletin or make any arrangement of a song without permission from the owner of the copyright

For additional information you may contact:

The Church Music Publishing Association
Box 5239
Washington, D.C. 20912-0239
(send stamped, self addresses envelope and $1.00 for information)

To register your song, request form PA from Register of Copyrights - Copyright Office - Library of Congress - Washington, D.C. 20599

Publication is no longer the key to obtaining copyright as it was under the Copyright Act of 1909. Registration establishes a public record of the copyright claim and is ordinarily necessary before any infringement suits may be filed in court.

Remember, no publication or registration or other action in the Copyright Office is required to secure copyright. Copyright is secured automatically when the work is created. Just like upon being born in America you ARE a citizen automatically. The copyright in the work of authorship immediately becomes the property of the author who created it.

For more information about copyrights, you can call the U.S. Copyright Office at (202) 479-0700. To request forms, call (202) 707-9100.