Dear Janet Fisher
As a member of Goodnight Kiss and an attorney, I would
like to pass a
piece of legal advice to all of your readers and fellow
composers. First, I
would like to dispel the myths about authorship and
copyrighting manuscripts. 1. Many authors believe that the only way
to protect their manuscript is to
apply for a copyright from the copyright Office. The
copyright Office
receives 11,000 + manuscripts a week. The copyright
Office admits that they
lose or misplace approx. 40% of these filings. As
the author of a
manuscript, whether, musical, literary, poetic, etc. You
have acquired a
Common Law ownership of that manuscript. You do not need
to copyright it.
copyrights are for publishers to protect their
interests from other
publishers. If you sell your music to a publishing
company, they need to
copyright it to prevent others from an unauthorized use
of their purchase of
your music.
2. Sending yourself a
certified copy of your manuscript. Certified Mail
can get lost, and can be tampered with. Most Courts will
not allow postal
stamp mail to be entered into the record, as it is not
best evidence. I have
seen persons lose in Court over these technicalities. You
have a false sense
of security if you believe this will protect you.
Now I would like to give
your readers the secret my colleagues who
practice Patent Law dont want you to know. When you
have a finished copy of
your manuscript that is completely legible, preferably
photo ready. (There
are many manuscript writing programs available.) On each
page put the name of
the song and page number on top. On the last page of your
manuscript, leave
approx. 1/3 of the bottom of the page blank. If you have
to space out your
music so that at least the last third of the page is
blank. No staffs
either. Do not sign until in front of Notary. If there is
more than one
composer a space must be allowed for each. The following
should be placed in
the blank space:
YOUR NAME personally appeared before me and acknowledged
the execution of
this power of attorney, in the STATE of NAME OF YOUR
STATE for the purposes
set forth therein.
PRINT NAME
Print
Signature
Date
This Affidavit for a Musical Manuscript, being duly sworn
before me on this
day of ________________month in the year_______. I hereby
affix my seal of Notary Public to this document as being
true. My commission of Notary Public expires
_________________
Print Name
Signature
Date
Seal of Notary
Usually your bank has a Notary and there is no charge.
After you have it notarized, take the signed document to
your County
Auditors Office and have them file it for you.
There will be a fee. This
signed document is legal and by law they have to file it
for you. You now
have a registered document that there can be no dispute
about, since each
page has a file number, date and time that it was filed,
and will be upheld
in any court in the United States and most International
Countries.
Charles F.Shramek
You may email Charles c/o Goodnightkiss, and we will
forward your comments. EMAIL
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