Rick wrote a song entitled "Wonderful." At the bottom of the first page of music he wrote "© 1990 by Rick Reed." Four months later a local band was playing his song at a bar. Rick felt that the bar was an inappropriate setting for his music. What is his remedy?

Answer 1

Musical works are protected by the Copyright Act. Thus, as a creator of the song, Rick has the benefit of copyright protection. Moreover, Rick has provided public notice of his copyright by indicating the copyright symbol, the date, and his name on the music. If he has registered the copyright with the Library of Congress, Rick's recourse is to bring an action for copyright infringement against the band for using the music without permission. Rick will be entitled to an injunction ordering the band to refrain from playing his song and possibly damages and profits earned by the band's use of the song. Penalties for intentional copyright infringement are heavier than for unintentional violations, and the presence of a copyright notice is evidence that the infringer's actions were intentional.