Hey! That's Mine!

Hey! That's Mine!

What do the following songs have in common? Ghostbusters, Ice Ice Baby, My Sweet Lord. All of these songs were involved in copyright infringement lawsuits. These lawsuits were brought against the artists that performed them because the songs closely resembled, and in one case copied note for note, those of other musicians and/or composers. Phrases such as copyright infringement and piracy are becoming very common in today's periodicals. To understand these phrases and their importance, one must first understand what a copyright is, how a copyright is acquired, and how it is enforced.

Copyright is a form of protection provided by the laws of the United States to the authors of "original works of authorship", including literary, dramatic, musical, artistic, and certain other intellectual works. (Copyright Basics, 2007) In other words, if a person writes a song and goes through the proper steps of acquiring a copyright for the song it is protected against infringement. "Original works of authorship" encompasses a plethora of categories including: literary works, musical works (including words), dramatic works (including music), pantomimes and choreographic works, pictorial, graphic and sculptural works, motion pictures and other audiovisual works, sound recordings, and architectural works. (Copyright Basics, 2007) These categories are very broad in range. In most cases, copyrights last for the life of the originator plus an additional 70 years. (Beatty & Samuelson, 2008) Therefore, anyone who receives a copyright should not have to worry about anyone else stealing their work and claiming it to be their own. Unfortunately, this is not the case in some instances.

Interestingly enough, once an original work is put down on paper, built, recorded, or sculpted it is automatically copyrighted. On the surface, this appears to be a good thing. However, if a person infringes on the "unwritten" copyright, chances are he/she will get away with it. In fact, the only way the originator can receive any legal remedies is by registering with the Copyright Office of the Library of Congress. (Beatty & Samuelson, 2008) This process is fairly simple. The originator can get a copyright request form by downloading it from The Copyright Office website. Once the form is completed, it and a $45 fee can be mailed to the Copyright Office. Many musicians forego the formal copyright technique and opt to simply add the copyright symbol (Ð'©) to their work creating the illusion of a written copyright. (Beatty & Samuelson, 2008) Another "trick of the trade" some musicians use is to mail the original work to themselves via certified mail in order to provide proof of the date of origination. In order for this method to be effective it is imperative that the envelope remained sealed.

Copyright infringement cases have become pretty common in recent years. These cases involve musical artists fighting to stop illegal downloading of their music. In order to prove infringement, the plantiff (originator) must present evidence that the work was original and that the infringer actually copied the work, or the infringer had access to the original and the two works are substantially similar. (Beatty & Samuelson, 2008) As discussed earlier, the most effective form of "evidence of originality" is to acquire an actual copyright from the Library of Congress. There are several options for retribution in a case of copyright infringement. The court can prohibit the infringer from committing further violations, order the destruction of the infringing material, and/or require the infringer to pay damages,