Four easy ways to protect your work

Your creation is from your blood, sweat and tears. You toiled over countless moments to seek perfection as you perceive it to be. You want others to enjoy but not to make money at your expense. Below are four simple ways to protect your work.

1. Invoke your right

If you want everyone to know that a particular literary or artistic work is yours, how do you do it? It’s the all important © symbol. Its send a notice to the reader/viewer/internet troll that such work has a semblance of protection. It may serve as a warning to others not to use or borrow without your consent.

2. One Moment in Time

Stop singing! Seriously, protection for your work starts from the moment of creation. So, you have to prove that one moment in time (ok, now you are humming). Have some method of documenting that moment of creation. In this social media age, it will not be hard to do.

3. Deposit with the National Library

Although such action is not a conclusive proof of ownership, a certificate of deposit from the National Library of the work you registered with them has a government stamp. That counts for something in case a dispute arises. Again, it is not conclusive as it is almost a rubber stamp act by the government agency. Sadly, your deposit does not earn any interest whatsoever.

4. Watermarking

Pretend you are painter and sign your name on the bottom left corner. Although not done literally, placing a visible mark of authorship is an effective deterrent for would be “downloaders”. Such mark should discreet enough so as not to spoil the artistic quality.

All these steps cannot guarantee that your work will be not infringed. There are several exemptions to infringement under the law and they may vary country to country. Infringers are getting smarter every day. For every step you make, they'll be watching you. (Again, stop with the singing!)  

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The material in this online newsletter has been drafted and edited by Atty. Roderick Vera and is for informational purposes only. The material above does not constitute nor become legal advice. Please consult with an attorney for legal advice before relying on any information found on this newsletter. For any questions, inquiries or comments, please see the contact information above.

Can I pay you not to sing?

You heard it sung many times while enjoying your sumptuous meal. Suddenly, there is a bad taste in your mouth when the clapping clings and tambourine clangs. Unless, of course, it is your natal day or someone in your table. Then you will sing along and even take pictures. Just hope I am not in the next table.

The hot news in the world of copyright is the push for the elimination of the copyright protection of the song “Happy Birthday”. While the lawsuit in the U.S. Federal Court System is quite complicated to read, I will try to simplify it.

How long is copyright protection?

According to Sec. 213 of the IP Code of the Philippines, any work that is copyrighted is protected for 50 years after the death of the CREATOR. Seems long, eh? Well, if you want to know the reason why the lawmakers made it that way, take my class.

When was Happy Birthday made?

According to the complaint, the song was originally composed as “Good Morning to All” by the school teacher sisters Patty and Mildred Smith BACK in the 19^th century. Eventually, Warner/Chappell got ownership of the rights to the song and has been collecting royalties every year (pun intended).

How much does one have to pay?

If you have a private birthday party (shame on you for not inviting me), you can sing it all you want up until the neighbors start complaining.  The law allows private performances within a circle of family and friends. But if you want it in a movie or a television show, expect to pay between $5,000 and $30,000. Warner collects about $2 Million per year from that song alone. Birthday parties are part of the employee benefits package at Warner/Chappell (just kidding).

Expiration Date

Warner/Chappell claims that the copyright to “Happy Birthday” will last until 2030. There is a particular provision under US law that allows a 95 year protection of songs. If you calculated correctly, that means that the song was “copyrighted” in 1935. Warner/Chappell is claiming that the Smith sisters didn’t actually write the song. What Warner claims as theirs is a piano arrangement of the tune (but not the lyrics) copyrighted in 1935. Mildred Hill died in 1916 Patty Smith Hill died in 1946. Under US law, any songs created ONLY after 1923 have that near century shield. This is a dilemma that the US courts must address.

Conclusion

If this lawsuit does get dismissed, we will soon have birthday song police roaming around every Saturday and Sunday afternoon looking for evidence of cake, candles and balloons. Well, not really. It is never going to happen. Warner/Chappell will not after small things like that. I believe that law abiding movie and TV producers are paying the former well enough so that there will be no Birthday Police Academy Movies.

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The material in this online newsletter has been drafted and edited by Atty. Roderick Vera and is for informational purposes only. The material above does not constitute nor become legal advice. Please consult with an attorney for legal advice before relying on any information found on this newsletter. For any questions, inquiries or comments, please see the contact information above.