his is a question that every composer and arranger has already asked in his life as a creator Despite the popularity of this question, the fact remains that the answers we find on this subject often lack technical details and mature thinking After having thoroughly studied the subject, I can now offer you this tutorial which will answer all cases. But before starting to expose you all the techniques of protection of his musical works, I must start at the end, that is to say, define the organization which decides to who belongs a work in the event of litigation or which defines whether it there has been counterfeiting (plagiarism).
IN THE EVENT OF THEFT, OR OF ALLEGIANCE, WHO DECIDES ON WHOM?
If your work has been stolen, or if it has been plagiarized, only a court will be able to make it recognized, and consequently, you will be able to recover anything only by the judgment of this one.
Also, you must understand, that whatever your function or status, in the event of theft or obvious plagiarism, you will have to seize a court to assert your rights, no other organization could do it in its place, which obviously involves costs in court fees, representation by a lawyer, and also remuneration of sworn legal experts who alone can recognize whether a piece of music is plagiarism or theft In other words, if the plagiarism is not obvious, it will be very difficult to get it recognized, and if not, remember that it is not forbidden to be inspired.
HOW CAN YOU PROVE THAT YOU ARE THE ORIGINAL AUTHOR OF A MUSIC?
For this, it is necessary to be able to prove that one has authorship on work, that is to say, that one has the means to prove that one is indeed the original creator of the work, for example, a score complete with arrangements and settings as a session file of a computer music software with all the plugins used if the music was created with or a simple recording of his work. The idea is to be able to prove that it is we who created the work.
The second thing to prove is which is the most important is to be able to prove that one is indeed the first to have created the work in question. We call it anteriority. Priority is the indisputable point in the event of theft and plagiarism. Is it still necessary that in the event of infringement this one is obvious and that the work in question is not plagiarism itself?
In practice, if you discover that music was released after yours, without any difference or obviously copied from your original music itself not copied from another work to which you would not have the rights, in this case, you will be able to very go to court to prove that you are the original author of the song in question and that you are the victim of outright theft. To do this, as I told you at the beginning, you will have to prove the authorship and the anteriority of your creation on the stolen version, that said even if you can certainly be recognized as the original author of the work, if you do have not decided to exploit and distribute it,
If instead of keeping your music on your computer, you decided to broadcast it on radios, in concerts, or just on social networks and online platforms like soundcloud.com or youtube.com, in this case, there is is more likely that your music is copied, but on the other hand, it becomes obvious that your work could have been listened to then plagiarized or quite simply stolen since it is available to listen on the internet. But once again, you will have to prove that you are indeed the first to have created it and in this precise case, since you exploit your work, it will be easier to make recognize a significant shortfall in order to obtain high indemnities.
HOW TO PROVE THAT WE HAVE THE ANTI-OUTSIDE OF A WORK?
This is the question on which there are usually quite a few false good solutions. But before explaining to you the various techniques to prove that you have the anteriority of work, you must know that this proof of authorship and anteriority can be done by all possible means and should not be limited through your country.
As such, know that in 1973, it was thus judged by the Court of Cassation that the performance of the musical composition in front of several listeners was sufficient to prove the work’s prior art.
This point is important because contrary to popular belief, the best way to protect a work is to distribute it so that as many people as possible become witnesses to your authorship, also simply by broadcasting it on as many social networks as possible. should assure you the authorship, as obviously, you cannot afford to change the publication dates of the content you have posted on Facebook or youtube to name a few.
Also, in my case, to protect my musical works, I decided to sell them on platforms like Itunes, Google Play, Beatport, Qobuz, JunoDownloads, Amazon, etc … in addition to distributing them on Google +, Youtube, Spotify, Deezer, Rhapsody … In other words, it is impossible to contradict my authorship in the face of the extent of distribution of my works which were scheduled for sale with the same release date, date then acting as the date prior art.