Two questions re Copyright

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Peter M. Armstrong
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Two questions re Copyright

Post by Peter M. Armstrong »

1. I've presumed that any new work of mine should be uploaded to IMSLP *only after*
I have the Copyright Office's registration certificate *in hand*. Is this correct?

2. Once (copyright-registered and) uploaded to IMSLP (under CC license 'by-nc-nd'),
is such a new composition considered to be "published", as the Copyright Office
uses that term? That is, should I at this point be advising them, "Oops -- yes, now
this *is* published". and sending hardcopy to the Library of Congress?

Thanks in advance. ~~~~
Carolus
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Re: Two questions re Copyright

Post by Carolus »

1. Registration is not the same as copyright. A new work of yours is legally under copyright the moment it is "fixed in a tangible medium of expression." This occurs when you a) write out a new work on paper; or b) print out a copy from a notation program. The registration is an official record of your legal claim to the already existing copyright in your new piece. You can post a work here any time after the initial fixation.

2. Yes. Under most laws, making an item available at IMSLP constitutes "publication" as copies of files are made every single time someone downloads an item. They even become tangible copies when a download prints out pages. This is the big reason we always strongly encourage composers, arrangers and editors to give their own names in the "Publisher" field when uploading.
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