Real songs in porn

[gaybucks_chip]

I just double checked, and I was wrong on the timeframe after publication. It's 3 months after, not 1 year, in order to retain statutory relief (fines and attorney's fees).

Also, "publication" is a little more complex. From the US copyright regs:

it is clear that any form of dissemination in which the material object does not change hands, for example, performances or displays on television, is not a publication no matter how many people are exposed to the work.

So, according to the above, if you shoot content and post it on a Web site that you run, it wouldn't be considered publication.

HOWEVER,

when copies or phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or motion picture theaters, publication does take place if the purpose is further distribution, public performance, or public display.

So if you're a content producer who sells content to webmasters that are going to post the content or sell it, then publication apparently occurs when you license it to the webmaster or wholesaler or reseller.

They should really update this 30 year old interpretation of "Publishing"

[gaysearch4sex]

also wasnt a lot of porn controlled by the mob or at least businesses connected to the mob?

I remember seeing this stupid movie on cable with Charlie Sheen and Emilio Estevez as these brothers from San Francisco who had a porn movie theater and produced the legendy, hetero flick "Behind the Green Door"

Other XXX movie theaters started pirating their film, and when they went to a theater owner in New York asking for cash, they were told to shove off... the guys had protection.

not to mention, porn was not the multi-million dollar business it is today, and intellectual property owners weren't as rabid about enforcing their copyrights outside of the mainstream media.

[A_DeAngelo]

this is an area in which there should NEVER be any guess work...

have I got copyright info for you...

our guy litterly wrote the book (well at least his father did) and it goes for about $1,700 or so, last time I checked

you want to have a copy of NIMMER ON COPYRIGHT to get the low down on what really is right and wrong

David Nimmer practices here in LA and HE KNOWS copyright - we're glad to have him on our side...

http://bookstore.lexis.com/bookstore/product/10441.html

[TropixxxStudios]

Almost, but not quite true. If the song, image, video, etc. has been *published* then it must be registered within, if I remember correctly, 1 year of publication in order to be eligible for statutory infringement and attorneys fees. If the work has not been published (and, according to case law as of 2004, posting on the Internet did not, for copyright purposes, count as "publishing" according to our copyright/trademark attorney), it can be registered at any time prior to 1 year from publication. So theoretically (again, according to our attorney but we haven't tested this), as long as the work hasn't been published "offline" (as in, DVD or print) you can register a work years after it's been posted on the net, wait for confirmation of registration, and then still go after the infringer and get the statutory infringement.

However, even without registration, you can still go after someone, but you would have to be able to prove actual damages. So, most likely, if you threaten to sue, the infringer will still likely make a settlement with you to avoid the expense of a trial. But you are totally correct that the statutory infringement per-occurrence and the provision for attorneys fees and costs only applies if the copyrights are registered.



Actually you're mixing up two different things. the "R" with the circle refers to a trademark (protection for a trade name, such as "Coca Cola) for which registered trademark status has been granted. A trademark in use for less than 5 years would typically use the "TM", and once the mark is granted, then the use of the "R" replaces the "TM".

If you see an "R" on a compact disc, it will be in connection with a trademark registration either for the label's name or the band's name or something like that. It has nothing at all to do with copyright. There is a "P" in a circle, which is a phonogram copyright; since copyright to the composition itself and the recording of the composition are separate, the (c) refers to copyright of the composition, while (p) refers to copyright of the recording, or phonogram. Both symbols are used regardless of whether a work is registered with the copyright office; there is no separate symbol or notation used when copyrighted works are registered.

I stand corrected. Perhaps I should have paid better attention in class.

[gaybucks_chip]

I stand corrected. Perhaps I should have paid better attention in class.

Only reason I happen to know it is we had an issue that we almost litigated a couple years ago so, being as we were paying $300 an hour for our "private class" with the attorney in the form of a consultation... I took some notes Why I remember this stuff, I have no idea.