Copyright myths, truths and maybes

This information is based on the opinion of the Library of Congress. While I can't debunk it, I can give you  an experiential point of view. When I was in Nashville we never had a song copyrighted until  it was going to be cut. We registered our songs with a Performing rights organization, such as SESAC, ASCAP or BMI. While we have never used the poor mans copyright, I have seen 2 cases won by writers using that message along with a paper trail. We will be teaching more on this subject soon at myamp.org
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Copyright protection of your work by mailing a copy of it to yourself, then retaining the sealed, postmarked envelope as proof of the date of your authorship.

Status:   Not in the U.S., but it might be of some assistance in Britain. 

Origins:   Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunication, to translate a work, and in some cases, to rent the work.

You establish your copyright the moment your work is created and fixed in a tangible form. While you need not register your works with the United States Copyright Office to establish ownership of your intellectual property, you will have to register such items if you wish to bring a lawsuit for infringement of a U.S. work. (The fees for such service are laid out on this page.)

As to why to register your works if they are already under copyright from the moment of creation, the United States Copyright Office says:

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law.

Mailing one's works to oneself and keeping the unopened, postmarked envelope as proof of right of ownership to them (a practice known as the "poor man's copyright") has no substantive legal effect in the U.S. We've yet to locate a case of its use where an author's copyright was established and successfully defended in a court of law by this method. At best, such mailings might serve to establish how long the author has been asserting ownership of the work, but since the postmarked-and-sealed envelope "proof" could be so easily circumvented, it is doubtful courts of law would regard such evidence as reliable.

The United States Copyright Office addresses the "poor man's copyright" thusly:

I’ve heard about a "poor man’s copyright." What is it?


The practice of sending a copy of your own work to yourself is sometimes called a "poor man’s copyright." There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

However, the U.K. Patent Office has this to say on the subject in its "Claiming and Enforcing Copyright" FAQ:

How can I prove originality in my work?

Ultimately this is a matter for the courts to decide. However, it may help copyright owners to deposit a copy of their work with a bank or solicitor or send a copy of their work to themselves by special delivery (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return; this could establish that the work existed at this time. (Further details of special delivery should be available at Post Offices).

Careful readers will have noted the "may help" and "could establish" in the above entry.

Brad Templeton's page about copyright myths addresses eleven other misapprehensions about copyrights. (Yes, his page is titled "10 Big Myths About Copyright Explained" but there are eleven items listed on it.) Also check out his "Brief Intro" to copyright to further expand your knowledge of the topic. (Trust me; it's painless.)

The maze of the record biz money flow.

Here's where the money starts going away for the Artist. It is a complex diagram of the proverbial piece of the pie. Let's begin. In the past it always began in the center with an upper tier of  deep dark money crevices beginning with the record label in the center. Keeping in mind, through this upper tier the record label is eating the largest piece of the pie. From there it goes to the Artist, from the artist to the manager to the biz manager to the attorney back to the label to the producer back to the label to the publisher always back to the label. That's just the top tier. Are you confused yet? Believe it or not this is an over-simplification of the money flow. I am just trying to help you see the money flow.

  The good news is this is changing and changing fast!!!!! I encourage you don't miss the bus. The digital age is here. If you don't get on  it you will be stuck in the same place losing thousands if not millions of dollars. I hope you will come join us as we ride the wave of the digital age. A wave of more profit, more freedom, and as an artist an unlimited creative exploration. There are no excuses now if you have the talent and the willingness to learn and do the work. Remember talent + passion+ hard work = success. Come join us at AMP as we take this journey together.

August AMP TV Review!!!!!!

As we enter into a new phase at AMP TV our shows get better and better. We are learning lots of things to-do to improve on the production to make it better for you. We're excited as we grow into a show that more and more viewers are coming to enjoy. This was our third show. The first month we had just over 1000. viewers. As of now we are over sixty seven thousand and growing by the thousands each week. STAY PLUGGED IN IT'S JUST GETTING BETTER!!!!!! 
Our show last month was incredible. It began with Bruce Burch. Bruce has a wealth of experience, far reaching into the depths of the music industry. An accomplished song - writer with several # 1 hits by Reba McIntire and many charted songs by various Artists over his career, he is also on the National Board of Governors for the Grammy's as well as the director for the Joel A Katz music business and entertainment school at Kennesaw State University. He will be Co-Hosting again very soon. Then there was Ashley Harris, a very strong writer, singer and owner of the Ragamuffin music hall in Roswell GA. Back by popular demand was Josh Blevins singer, songwriter, artist. What a talent!!!!!   Then our special guest from Nashville TN, John Starnes. John is a consummate pro who has recorded 40 albums, was the featured tenor for Jimmy Swaggart during his formable years, performed on the Gaither homecoming tour, and much more. John will be back as a Co-host in a couple of months. John also has a prison ministry called Timothy's Gift. timothy'sgift.com

  This was a very entertaining, fun and informative show!!!!!!!!!!!!!  We look forward to seeing you at our Sept 15th show. If you can't make it to the live show; Good listening! Here's a link for info --

5 things the record labels are looking for- when you have a sit down

I was very fortunate to learn from the best in the industry while growing up in the business in Nashville. So here are a few musts:  Originality, Appearance, Commitment, and my #1 qualification, Passion! I am going to give you a few very common sense do's and dont's when talking to or visiting either an A&R person or a record executive.

 1. Hygiene.  Dress for success!  They are looking at you!  Their first impression may be the last if you're not dressed for the part.

2. Have a plan.  If you don't know where you're going, how can you expect them to?

3. Know your interviewer and the label roster.  Showing them you're interested in them will go along way.  There's a lot more to your art than the music.  This will show you're a well rounded Pro.

4. Have at least 3 songs ready to perform live as well as multiple CD'S.  If they're interested in you they will ask you to perform for them and will want to have copies of your music to pass around to the A&R department.

5. Have someone with you to represent you.  You need to have a representative with you that understands the business, and can promote you and ask questions that you can't.

As simple and obvious as these may seem, you would be surprised how many people we met with that came to possibly the most important meeting of their life, and blew it.


 If someone came in for review we would probably ask "Who do you sound like?" and if their answer was -(example; Garth Brooks) our response would probably go something like this: "Well that's nice, there's already a Garth Brooks-- NEXT!!"
You must be yourself.  Don't ever try to be someone that's already out there. You must find your own niche.

Here's another question I would always ask.  How long do you plan on pursuing your career?  If a limit was put on this question, that tells us a lot.  The correct answer is as long as it takes.  This is a tough business and it can easily take years to launch a career even after signing a deal.  The Artist I know and respect can't quit even if they want to; it's in their blood.  Enjoy the trip, because you will find out at the end the destination was not what you were after.  Sharing your gift with others is where you find true joy.

A&R on the Web: The Good the Bad and the Ugly

When I was working in Nashville, a group of around 10 to 15 of us would meet for breakfast at Shoney's on Music Row.  We consisted of major label executives, writers, publishers, A&R executives, etc.  At the same time, there was another group meeting in the back.  These were the guys waiting on their prey to get off the bus while greeting you with a big friendly smile.  While promising you stardom, they were all the while hoping to slip their hand in your pocket.  Well, these guys have now switched from the Shoney's breakfast club to the world wide web cafeteria.

Caveat Emptor
There are some reputable web services out there on the web, and AMP can help guide you through the maze of land mines in the hope that you will arrive at your destination safely.  We have learned through many hours of research that seemingly harmless offers often turn out to be cons.  There is no way I could list all of the culprits here. So, what I will attempt to do in this article is point out some of the more glaring types of scams:

1. The "Song Contest" sites.  While there are some legitimate ones out there, most are scams to get your money.  Be careful, and and speak to a company representative before signing up.
2. Sites that promise to get your songs cut.
3. Over-the-web demos.  While there are many great studios that can do this, you really need to be in the studio while your song gets recorded.  Your songs are your baby, your creation, and you want to be there from inception to birth.
4. Offers of publicity deals, selling your songs, making you a star, tour support, booking, etc.

This list goes on and on and there are many variations of each theme.  Please do your homework and research the sites carefully before forking over your hard-earned cash!

Check with the Better Business Bureau and don't take everything at face value.  Ask questions like, What service am I getting?  Are the sites truly offering valuable services like artist mentoring or artist education?  What's the potential value / return on my investment?  Are the sites endorsed by reputable industry organizations like AMP, the GRAMMYs, SESAC or others?

Always remember, like the predators on Music Row, a lot of sites are geared to prey on your emotions and dreams just to get into your wallet.  Don't base your decisions on your emotions.  Do your homework!