illegal use of my music in trailer

[Storyville]

Originally Posted by spiderman

Just for clarity's sake... The feature contract was signed and the first check cashed while making the "stolen" trailer. Despite feeling shorted on the feature contract and being told to work for free, I've calmed down and have no intention of raking the guy for this.... it's really just become a learning situation for me and I appreciate your comments.

I do think that I'll explain to him what I consider to be legal and ethical violations. I'll include in the explanation a fair-priced invoice for the actual usage, he might pay some or all of the fees but I'm not going nuclear.

I wouldn't explain anything. I would send him the invoice for the work you did and leave it at that. I wouldn't tell him anything about legal or ethical whatever. Honestly, I would let it go, and know if he (or anyone) is to hire you under similar circumstances work begins after payment is received.

[ggegan]

The best way to deal with these things is proactively by having a contract that specifically addresses the issues.

If you leave the wording so that it implies usage restrictions, be prepared to spend money on lawyers to explain and defend those implications in court. However, if you explicitly state in the contract in an unequivocal way what uses are NOT included in the deal, then the chance of having to hire a lawyer to defend you is lessened, though not eliminated. Never assume that implied situations are self-evident. Try to predict every possible misuse of your work in advance and address it directly in unambiguous detail.

Sometimes you have to get burned a few times to see the ridiculous interpretations that people will make in order to avoid paying you what you are owed. It helps to take a cynical approach and assume that people will intentionally attempt to take advantage of you.

[harvestmark]

Despite what you may have understood, a copyright is only in affect when you've received confirmation from the Library of Congress that your copyright is in place. Not before, as in, not when you put the stamp on the envelope, or other methods which almost reach the status of urban legend. It's only when you receive the confirmation back that you can feel your composition is protected. Many people are under the impression a copyright is in place upon creation, or various other conditions, but it's not true. Get in the habit of registering your music as soon as it's written, (at least the music you want to protect).

Mark Miller

[ggegan]

Originally Posted by harvestmark

Despite what you may have understood, a copyright is only in affect when you've received confirmation from the Library of Congress that your copyright is in place. Not before, as in, not when you put the stamp on the envelope, or other methods which almost reach the status of urban legend. It's only when you receive the confirmation back that you can feel your composition is protected. Many people are under the impression a copyright is in place upon creation, or various other conditions, but it's not true. Get in the habit of registering your music as soon as it's written, (at least the music you want to protect).

Mark Miller

I believe you are wrong. Copyright exists from the moment of creation. The registration of a work with the Library of Congress is for the purpose of helping to establish a creation date and name of the copyright owner in the event of legal proceedings, but if someone can prove the registration is somehow fraudulent, then it is invalid. I believe the requirement is that you must register a work prior to taking legal action, but that is not proof that you actually own the copyright.

[drBill]

Originally Posted by ggegan

I believe you are wrong. Copyright exists from the moment of creation. The registration of a work with the Library of Congress is for the purpose of helping to establish a creation date and name of the copyright owner in the event of legal proceedings, but if someone can prove the registration is somehow fraudulent, then it is invalid. I believe the requirement is that you must register a work prior to taking legal action, but that is not proof that you actually own the copyright.

Just for the record :

The above is correct.

Originally Posted by harvestmark

Despite what you may have understood, a copyright is only in affect when you've received confirmation from the Library of Congress that your copyright is in place.

This is incorrect. Although it's always preferable to register, it's not necessary to own the copyright. Now, if a legal battle ensues or you expect it to ensue, you had better get that into the Library of Congress......

Personally, I have hundreds of copyrights which have never been officially "registered" that make me a lot of money. And many that HAVE been registered that make me nothing..... Go figure.