What if i made a beat and someone copyrighted my beat from stealing it off of youtube

Idontgetit

New member
I know that if you make something you are the original owner of it and it is automatically copyrighted but what if someone stole it and copyrighted it and I didn't do that? What would I be able to do. Can I still sue them or do I even own the beat then?? Need honest answers asap. Thank you
 
**I am not a lawyer - this is not legal advice - I am simply a guy on a forum - so do your homework and consult an IP lawyer if you feel you have a serious legal issue...**

That being said...Here's what I'd do:

For starters, I'd search the copyright database to make sure it was there.

--> Publishing a song on iTunes is not the same as registering a copyright. Regardless if you put "copyright 2017 blah blah blah" in the artwork.

If it is - since you are claiming to be the original creator of the work --> the burden will be on you to prove that you created it - prior to his copyright registration.

If you can prove that - it kills his copyright claim and his copyright registration.

Additionally, he can possibly have criminal charges brought up against him because he lied on the copyright application.

Again: The burden is on you, so you need to prove your case. That would mean compiling data to strengthen it.
(eg: if you have a YouTube upload date (and additional dated proof that predates his registration) I'd say you probably have a decent shot at getting the claim rejected if it were to end up in court)

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Do yourself a favor tho and educate yourself on copyright so you protect yourself going forward.

IP lawyers are expensive. ($400 an hour)

Also:

Understand that when you register a copyright you do just that - register a copyright. You are simply adding a name and date to the creation.

How registering it first can help him in court is: He can recoup legal fees (from you) if you take him to court and the judge rules in his favor.

However if you successfully prove your claim (and win) you may be able to sue for your legal fees as well as provable damages. (eg: he sold a million copies of his song with your work so you could argue that you are entitled to a split of profits, etc.)

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Keep in mind the filing fee alone is $400. --> Just to file the initial court paperwork.


Bottom line: Try and work it out amicably because "lawyering up" and going to court is expensive and even a win on paper does not guarantee that you will profit from the judgement. You can still lose if you win. (Lawyer fees, court fees, time off from work, stress, etc) :4theloveofgod:


Again: **I am not a lawyer - this is not legal advice - I am simply a guy on a forum - so do your homework and consult an IP lawyer if you feel you have a serious legal issue...**


Good luck.


 
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