Copyright and ISWC

I have a couple of open submissions of recordings by Izzy Cox.

The Harlan Howard song Busted - https://secondhandsongs.com/submission/108976

And Hank Williams I'm so Lonesome I could cry - https://secondhandsongs.com/submission/121244

Both clearly covers and the Hank Williams song is announced as such.

But both are registered as original copyrights by Isabelle Cox with ISWC - T-913.414.728-7 and T-913.414.734-5.

So, arguably and legally, they are not covers but originals.

My head aches.

The existence of a second registration/copyright for a song does not necessarily imply there is a new song or even an adaptation. Listening to Busted by Izzy Cox makes it clear that it is a cover.

But both are registered as original copyrights by Isabelle Cox with ISWC - T-913.414.728-7 and T-913.414.734-5.

Doesn't make any sense, this is clearly a mistake. Voluntary or unvoluntary, I have no idea.

You could mention it in your submission, just to be complete.

Update: I sent ISWC an email to ask for more information, let's see if they reply.

But, but but....

When the history of the work doesn't correspond with the credits in the PRO databases ... Set the credits as in the PRO database

https://secondhandsongs.com/page/Guidelines/UseOfSources/SourcesCredits

Quote from Bastien

But both are registered as original copyrights by Isabelle Cox with ISWC - T-913.414.728-7 and T-913.414.734-5.

Doesn't make any sense, this is clearly a mistake. Voluntary or unvoluntary, I have no idea.

You could mention it in your submission, just to be complete.

Update: I sent ISWC an email to ask for more information, let's see if they reply.

ISWC won't do anything as they get their data from the various PROs. In this case you want to contact SOCAN.

I don't know all the current details regarding registration of songs with the Library of Congress and the various PROS but in the past there have been many cases where these registrations do not involve new creative input regarding lyrics or music. Here are two reasons for this.

(1) The copyright/registration may be for an arrangement - not a new song or adaptation.

(2) It is the responsibility of the applicant to provide the details regarding the intellectual property. Often these details are false. This is especially true with older songs where the writers and composers are deceased or unknown. Sometimes this results in court cases that keep copyright lawyers busy and wealthy.

Last edit: 2022-06-16 15:16:29 UTC by SlimD

Got a very interesting reply from SOCAN regarding the Busted & Lonesome case:

The works were registered by the member. It is not a common situation since most of our members do know that they do not register covers with SOCAN. Since our member do not submit the audio file, we have no way of knowing if the new registration is a cover. Some of our members are unaware that they are not supposed to register covers. You can try to contact her and ask her to remove the work from her catalogue.

More interesting feedback from SOCAN:

Any work registration will remain in our database unless told to remove the work by the person who registered it.

SOCAN does not protect the copyright of musical works. We only administer the royalties. We would not be liable if a member register a cover. You can contact them and ask that they remove the works or you can start legal proceeding against that person.

... which begs the question: If not the PROs, WHO copyrights the works?

Bastien

One answer is "whoever files (first) with the copyright office." The creator (most often) of a work holds a "common law" copyright at the moment of creation (at least in the USA). He or she need do nothing else to "own" the copyright. However, he or she may also file with the government to formally "register" a copyright. This does not result in a "new" copyright. Rather, registration provides an easy "proof" of the copyright the creator already holds. (A formal copyright registration provides some additional benefits, as well, some of which are related to methods of defending the copyright against infringement.) In filing for registration of a copyright, the applicant asserts that he or she is the actual creator (or the "owner" in cases where the actual creator does not have the right to copyright the work, such as a "work for hire" -- thus the copyright registrant need not always be the creator). Multiple copyright holders are allowed, if each had "a part" in creation of the work. Sometimes people who don't actually have anything to do with the creation of the work claim copyright (in whole or in part), and sometimes copyrights are registered wrongly to such people. Who actually created a work is an historical question. Copyright registration can provide strong evidence about that (certainly better than PRO registration), but it is not, in and of itself, determinative of the authorship question if there is contrary, persuasive evidence.

Last edit: 2022-10-14 02:37:54 UTC by JeffC