Problem With Someone Using Lyrics Without Author's Consent

[DonnaMarilyn]

Yes, posting online constitutes publishing, John. I remember going through this a few years ago when one of my co-writers in Ireland was having a problem joining a PRO. One criteria was that he had to have been 'published'. He didn't realise that 'published' meant his songs that had been posted to online sites fit that criterion. So all he had to do was say 'yes', and he was in.

 

Donna

[john]

Yes, posting online constitutes publishing, John. I remember going through this a few years ago when one of my co-writers in Ireland was having a problem joining a PRO. One criteria was that he had to have been 'published'. He didn't realise that 'published' meant his songs that had been posted to online sites fit that criterion. So all he had to do was say 'yes', and he was in.

 

Donna

Hey Donna,

Oh I agree in the UK and as far as I know the rest of the EU including Ireland, it is considered to be published. I used to think the same was true in the USA, the only doubt being placed in my mind by Mr Sage lol but I do get where the online doubt comes from. The same is also true over who the publisher is, the site or the individual. As ever the law progresses like a snail.

Has the definition of publishing in the USA become any more settled?

Cheers

John

[Bernd]

Aren't these legal discussions pure fun? Semantically, publishing simply means 'making public'.

 

Since I apply a "creative commons license" for my own lyrics I was entangled in a similar discussion: what exactly is "free for non-commercial use". Is it non-commercial if you give your stuff away without charge? The definition says "A commercial use is one primarily intended for commercial advantage or monetary compensation". It expains: ".. if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user." Isn't that fun to read?

If you post your stuff on YouTube or Facebook - is that non-commercial? YOU may not make money, but the services do. My PRO (GEMA) says such uses ARE commercial. In the end I had to exclude the internet from my contract with GEMA. With the effect that now some partners SELL their songs over the internet via Amazon and ITunes - without asking me, of course. I'll not get any royalties - even if licences are being paid - since I excluded this section from my contract.

 

Quite obviously the internet with its 'free for all' culture stirs up the copyright laws - particularly the enforcement of national laws because it doesn't regard boundaries.

Have fun!
Bernd

Edited April 30, 2014 by Bernd

[john]

Oh the joys! Lol good info Bernd