My music in the theatrically released film

My music was used in a movie that was shown in cinemas and is now streaming without any license whatsoever. I am currently in discussions with their lawyer and have asked them to purchase the appropriate Film license here on AudioJungle and to fill out the cue sheets. The lawyer responded with the following:

"Sir:

This is not a registration of the song with the US Copyright Office. Under US Copyright law, you can not bring a claim for copyright infringement unless you have registered the material with the copyright office.

Until then, you will have no valid claim. I will continue researching this, but until you show proof of registration (which is ownership for US Copyright purposes), then you have no valid copyright.

I will get back to you in the next two weeks whether I hear from you or not.

Thank you"

My music is registered with ZAiKS and ASCAP. I believe that is sufficient. Is it?

Edit: shout out to trqk.io for detecting the usage

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I think that is absolutely not true. The moment you write or record a melody you automatically have copyright. I would tell that to the lawyer plus send your ASCAP registration indeed.

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The quote with his answer was after sending him the PDF with documents about registered track both from ASCAP and ZAiKS

I would simply state that you await their efforts to obtain the correct license within the next 7 days and that meanwhile you will consult with your own lawyer.

This way you sound professional plus you put pressure on them.

I don’t think you are talking to a real lawyer. Or they weren’t paying much attention during law school.

Copyright exists from the moment the work is created.

Here’s what can be found on the US Copyright Office website:

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created.

They stole your music and they demand you prove it’s yours?! They got some nerves, and are trying to play you. Don’t let them get away with it.

A Broadcast and Film License is to be purchased before the music has been used. When they’re caught illegally using your copyrighted assets, you are entitled to a compensation. That’s on top of the license price.

When you get caught riding a train without a ticket, you don’t just have to pay the ticket, you have to pay a fine, that is much higher.

You gave them a chance to fix things without asking more than what they owe you. They didn’t take that chance and tried to dismiss you. Not a smart decision on them.

For a theatrically release film you want to ask for at least five figures. Could be (a lot) more depending on the film’s budget. Having unlicensed stolen music in a theatrically released film is a very serious offense. It needs a very serious compensation.

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I’ve read about this stuff a few years ago on a composers forum, so I have no idea if it’s correct or not but:

I remember that you as a composer are automatically the copyright holder of the track and you can receive your royalties for that, without any official registration.

However they said that if YOU want to sue someone for copyright infringement, the track must be registered to the US office. You also must prove at least 100k dollars of damage.

I remember someone else saying that recently the damage threshold was reduced to something like 40k.

Anyway, even if this is 100% correct, I don’t think it’s the case here.
They bought the wrong license so they’re infringing Envato’s policy. If you send them the license FAQS it should be clear that they need to purchase the right license.

On a side note, I’ve registered my best selling tracks to that US copyright office, just in case I feel the urge to sue someone in the future :smiley:

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From what I understand, they did not buy any license, since they are challenging @ShymonMusic’s ownership. This is a much bigger case than a simple license “mix-up”.

That is what is said on the Copyright Office website indeed. Though if your copyrights are granted upon creation, I don’t see what could prevent you from exercising your rights when they’re infringed upon… even without a formal registration with the office.

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Yes it sounds stupid and counterintuitive, so I’m not surprised! :smiley: I assume the law and judges prefer an official document rather than dealing with screenshots of a daw and the date of upload to a stock site?
In any case ShymonMusic should find a lawyer specialized in music copyright, if this is not a license mix-up.

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If they won’t buy the license I will probably proceed with hiring the lawyer. Thank you guys for help, I will keep you posted here

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Nah, that’s a regular lawyerish defense line. You do not need to have your track registered in the Copyright Office to get the compensation for the illegal use, that’s obvious. However, if you have your track registered in the Copyright Office, applying for a compensation is way easier. Copyright Office is a deal breaker but it’s not necessary. I’ve been there, heard that, got a big compensation at the end.

Actually this is a typical answer from the US lawyer. CO is a first thing they check.

I have great lawyers in the US. They specialize in such cases and they helped me a few times. If you need a contact, PM me.

However, I would try to solve it on my own first. Just offer them 4 or 5 digits and see what will happen.

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