In the music industry, copyright disputes are not uncommon. Many cases arise where a song becomes famous but controversy over its true authorship. The question then becomes: How can you prove you’re the author of the song? Let’s explore this in the article below!
How is the author of a song determined by law?
Before exploring how to prove authorship, it’s necessary to determine who is considered the author of a song.
According to Clause 1, Article 13 of the Intellectual Property Law: “The author is the person who directly creates the work.”
For a song, the author can be:
- The composer of the music;
- The lyricist;
- A co-composer of both music and lyrics;
- Multiple co-creators of the work.
It’s important to note that only those who directly create the creative content are recognized as authors. Those who contribute ideas, provide financial support, invest in production, or promote the song do not automatically have copyright to that work.
When does copyright for a song arise?
Many people believe that copyright registration is necessary. However, this is an inaccurate notion.
Clause 1, Article 6 of the Intellectual Property Law stipulates: “Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of content, quality, form, medium, language, whether published or not, registered or not registered.”
This means that copyright arises as soon as the song is composed and recorded in the form of a musical score, sound recording, computer file, or any other physical form. However, in the event of a dispute, the author still needs evidence to prove that they are the creator of the work.
How to prove you are the author of a song?
In reality, songwriters don’t always register their copyright immediately after completing a work. When disputes arise or someone else claims authorship, proving the creative process becomes especially important. Below are some commonly used legal grounds and practices for resolving copyright disputes.
Copyright registration certificate
This is one of the most legally valuable pieces of evidence. According to Article 49 of the Intellectual Property Law: “A copyright registration certificate or a related rights registration certificate is evidence proving ownership of copyright or related rights belonging to the certificate holder.”
Once a copyright registration certificate has been issued, the person named on the certificate will have a significant advantage if a dispute arises. Although registration is not a prerequisite for copyright, it is an effective way to prove ownership of a song.
Manuscripts and documents during the creative process
If copyright has not been registered, the composer can prove ownership with documents showing the song’s creation process.
Examples: Handwritten drafts; musical notation; computer-generated music files; versions edited over time; notes on creative ideas.
These documents can help prove that the creative process took place before the dispute arose.
Electronic data with creation dates
In the digital age, many songs are created and stored on computers or online platforms. Electronic data that can be used as evidence includes:
- Emails sending the music;
- Files stored on Google Drive;
- Messages exchanged about the creative process;
- Data stored on music production software;
- File Editing Log
Information about the creation and editing times of a file can help prove when the creator completed the work.
Publication of the work on online platforms
Uploading a song to online platforms before others can also be important evidence.
For example: Uploading to YouTube, uploading to a personal website shared on social media, uploading to digital music distribution platforms.
If the system clearly records the upload time, this can be used to prove authorship in some cases.
Witnesses and supporting documents
The creator can also use witness testimony to prove the creative process of the work. Witnesses could be: colleagues, music producers, singers, people involved in the recording process, or people who witnessed the creation.
In addition, contracts, work records, or agreements related to the song can also be used as evidence.
If there is a dispute over song copyright, how will it be resolved?
When a dispute arises over copyright over a song, the parties can choose many different resolution methods depending on the nature and extent of the case. Choosing the appropriate option will help protect the author’s legal rights as well as save time and costs in resolving disputes.
Negotiate
This is the most time and cost saving option. The parties can jointly provide documents and evidence and agree on the copyright of the song.
Request competent authority to handle
If there is an act of copyright infringement, the author can request the authorities to apply remedial measures according to the provisions of law.
File a lawsuit in Court
According to Article 198 of the Intellectual Property Law, intellectual property rights holders have the right to sue to protect their legitimate rights and interests. During the dispute resolution process, the Court will consider all evidence related to the creation and use of the work to determine who is the true author of the song.
Above is the article ” How can one prove they are the author of a song?”. Preparing sufficient evidence not only helps confirm legal ownership of the work but also facilitates the process of handling copyright infringements according to the provisions of law.
Sincerely,
FAQ
The author can use many types of evidence such as Certificate of Copyright Registration, handwritten manuscripts, music notes, music composition files on the computer, emails sending music, electronically stored data or documents showing the process of composing the work.
The creator should collect and retain all documents proving the process of creating the work, and can request a competent authority to handle it or sue in court to protect his or her legitimate rights and interests according to the provisions of the Intellectual Property Law.