November 20, 2011
OK, here’s the situation:
Word Smith has been a musician and songwriter for years. Smith has never hit the “big time,” but has played with different bands over the years and in most of these bands they have played original songs that Smith has written. Smith, however, has never officially sent his songs to the copyright office and received proper copyright status. Instead, Smith puts a cassette tape of his newly written songs into an envelope and mails the parcel to himself. He does this to prove that he has written the song, expecting that if there is ever a question raised about authorship that the post mark on the package will prove he wrote the song before that date.
One day Smith hears a song on the radio by a country singer named Guit Tar-Twang, that he (Smith) had written 10 years before. Smith remembers that a bass player who now plays with Tar-Twang used to play in a band that Smith was a member of about 7 years ago. Smith figures that the bass player must have played the song for Tar-Twang.
Smith sues Tar-Twang for copyright infringement. So…
1. Does Smith have a case?
2. Why or why not?
3. What must Smith prove in order for Tar-Twang to be found guilty of copyright infringement?
2 thoughts on “Copyright Infringement?”
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November 20th, 2011 at 4:30 pm
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November 20th, 2011 at 8:33 pm
1) Yes he does because the parcel will prove that he wrote that song before that date. A literary or artistic work is protected as soon as its created and the copyright is given to the author of the songs. To prove that Tar-Twang is guilty of copyright infringement he must prove that they are playing his song without his permission. Using the package he sent to himself he can prove that the song indeed was written by him and that Tar-Twang submitted it as their own
November 20th, 2011 at 9:50 pm
Im not firm on my response here but I would have to say no. Simply because the individual never registered or filed papers for copy right. By sending the originals to himself does not mean that he didnt want anyone else to use the music or lyrics for personal gain. It just simply makes it his own documentation of his work.
In order to have a case here he would have had to have prof that he had a copy write law in order and then prove that their was a deliberate comparison of his song and this new artist song.
Technically he was in a band with this person and shared the music with him, but never made it clear that the lyrics were his and not to be shared therefore it was okay for that person to go ahead and share it with someone else.