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Asserting copyright - use personal or brand name?

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Clariman
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Asserting copyright - use personal or brand name?

#378804

Postby Clariman » January 20th, 2021, 9:50 am

I plan to publish some items online and have decided on a suitable website/brand name. Each published item will have a copyright mark. Should the copyright be in my personal name or in the name of the website? What are the implications of each or does it make no difference if I can clearly establish the website is me and vice versa?

I won't set up a limited company for it. It will operate as a trade ..... and probably make no money. It isn't really a money making venture but I want to retain copyright.

Thanks
Clariman

johnhemming
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Re: Asserting copyright - use personal or brand name?

#378806

Postby johnhemming » January 20th, 2021, 9:53 am

Is this music or something else.

UncleEbenezer
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Re: Asserting copyright - use personal or brand name?

#378820

Postby UncleEbenezer » January 20th, 2021, 10:24 am

IANAL, but I don't believe there's a legal issue here unless you choose to make one (set up the website as owned by a distinct legal entity - your publisher - and assign copyright). Which looks like gratuitous complexity, unless you have specific reasons to keep your work at at arms length.

The situation sounds akin to a writer using a pseudonym. See for example this page.

Clariman
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Re: Asserting copyright - use personal or brand name?

#378834

Postby Clariman » January 20th, 2021, 10:55 am

It's not really a pseudonym - at least not for any of the reasons suggested in that article. The website name would be descriptive of its contents. For example, if the published items were articles about investing then the website might be called InvestingForAmateurs.com rather than Clariman.com. In that instance would it matter if the PDF articles were marked copyright Clariman or copyright InvestingForAmateurs? Obviously it's not about that but that would be analogous.

Clariman
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Re: Asserting copyright - use personal or brand name?

#378835

Postby Clariman » January 20th, 2021, 10:57 am

johnhemming wrote:Is this music or something else.

Yes it is music ... sheet-music

Clariman
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Re: Asserting copyright - use personal or brand name?

#378837

Postby Clariman » January 20th, 2021, 11:00 am

Keeping it simple, it is almost certain that the website would be a personal one with just my own publications.

However, a secondary question is; if the website became popular what would be the considerations if I published the works of others? Would they own the copyright or would the website (or me)? But I don't want to over-complicate things. The intention is to put my stuff out there but it would be interesting to know the above too.

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Re: Asserting copyright - use personal or brand name?

#378843

Postby johnhemming » January 20th, 2021, 11:08 am

Clariman wrote:Keeping it simple, it is almost certain that the website would be a personal one with just my own publications.

However, a secondary question is; if the website became popular what would be the considerations if I published the works of others? Would they own the copyright or would the website (or me)?

The author owns the copyright. If you become a publisher and publish works for other people you need a contract with them to do that. Otherewise it is a breach of copyright (again with all legal questions what happens is another issue).

In terms of asserting copyright and indicating who the publisher is then it is best to have something on at least the first sheet of each piece of music. Have a look at some publicly printed music and do something comparable.

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Re: Asserting copyright - use personal or brand name?

#378846

Postby Clariman » January 20th, 2021, 11:13 am

johnhemming wrote:The author owns the copyright. If you become a publisher and publish works for other people you need a contract with them to do that. Otherewise it is a breach of copyright (again with all legal questions what happens is another issue).

I wasn't suggesting that I would nick other people's stuff and put it on the website :o . I meant that if someone asked me to publish their works on it. :)

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Re: Asserting copyright - use personal or brand name?

#378850

Postby johnhemming » January 20th, 2021, 11:19 am

Clariman wrote:
johnhemming wrote:The author owns the copyright. If you become a publisher and publish works for other people you need a contract with them to do that. Otherewise it is a breach of copyright (again with all legal questions what happens is another issue).

I wasn't suggesting that I would nick other people's stuff and put it on the website :o . I meant that if someone asked me to publish their works on it. :)


If someone asks you to do something they are establishing a contract with you (on the assumption that there is consideration both ways). They can sell the copyright to you as an alternative, but it would probably be that you have a non-exclusive publishing agreement.

Then there is a question of whether to join PRS.

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Re: Asserting copyright - use personal or brand name?

#378852

Postby Clariman » January 20th, 2021, 11:26 am

johnhemming wrote:Then there is a question of whether to join PRS.

Indeed. Someone I know who writes similar stuff whose customers would overlap significantly with mine (I know because I have bought a lot of their stuff) has the following on page 1 of score

"Arrangement Copyright © Personal Name, Business Name, Year, All Rights Reserved


and the title page has the above plus

This must no be photocopied or reproduced in any way without express permission. Please report all performances to the PRS.


I this the arranger does quite well out of PRS from what they said to me at the end of last year.

C

johnhemming
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Re: Asserting copyright - use personal or brand name?

#378856

Postby johnhemming » January 20th, 2021, 11:38 am

Clariman wrote:I this the arranger does quite well out of PRS from what they said to me at the end of last year.

It all depends upon numbers of performances etc. I haven't really been into that side of music as it was all original recordings.

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Re: Asserting copyright - use personal or brand name?

#388915

Postby Gengulphus » February 22nd, 2021, 9:18 pm

johnhemming wrote:
Clariman wrote:Keeping it simple, it is almost certain that the website would be a personal one with just my own publications.

However, a secondary question is; if the website became popular what would be the considerations if I published the works of others? Would they own the copyright or would the website (or me)?

The author owns the copyright. If you become a publisher and publish works for other people you need a contract with them to do that. ...

A contract or a license, I would have thought. For instance, a website saying that people are permitted to post their works on it but in doing so, they grant the website an irrevocable license to publish those works is a fairly well-established way of dealing with such copyright issues...

Gengulphus


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