Copyright Laws?

Question

Hi, I have a friend who made an album and someone stole her songs and got them copyrighted before she did but she did get them copyrighted. IS THERE ANYTHING THAT YOU CAN DO?

HI, my friend made a whole labum and someone stole her songs then copyrighted them first before she did but she copyrighted the songs after she did. Is there anything that you can do?

Answer 1

The above answer is correct as to the copyright - it is created automatically, by operation of law, when the song is written down or recorded. What the other person may have done is registered the copyright first - but that registration can be challenged if your friend can establish that he or she in fact created the songs prior to the other person.

What should be done depends on the degree of proof your friend can present. And your friend should consult a qualified intellectual property attorney to review that information.

Answer 2

What is important in Copyright is not who was first, but rather which version was original. A court might decide both versions to be independent and original. Copyright begins after a creation is put in fixed form, and unfortunately many performers are in the habit of sharing works in progress before they write out the manuscript or sheet music. Never the less, if it can be shown that the other party did not come upon the songs from their own work of original authorship, but perhaps borrowed their ideas, then you may be able to get their registration rejected. Because the burdone of proof revolves around originality and not who was first, it usually is difficult to show unless there is an admission of theft by the other party.

Answer 3

Your friend has the copyright. Being the first one to put the idea (the song) onto a tangible fixed medium gives your friend the copyright.