Copyright in the time of anthrax
Or, how I finally got my CD past the FBI and the EPA
Yesterday was a red-letter day for me. Literally. When my wife went to check the mail, she came back smiling and waving an envelope. It bore the insignia of the Library of Congress. Inside was a letter from the United States Copyright Office declaring that my debut album, Better Late, now has its very own © and a federal registration number.
It almost didn’t happen. On account of the anthrax incident.
Yes, anthrax. Not the metal band. The bacteria.
A little background. Better Late is an album of my songs that I finally finished last May, a decade after going deaf led me to shelve the project. We got it done by enlisting friends from Athens’ rich musical community to sing the rest of the tunes.
Soon after the first boxes of CDs arrived, and I mailed a copy, along with the paperwork and a check for copyright registration, to Washington. I couldn’t wait to get my documentation. I had never copyrighted music before. I was going around singing — well, what passes for singing when your hearing is limited and your pitch is shot — “Please, Mr. Postman.”
I waited. I waited some more. I chalked it up to, you know, the gubmint. Finally, in the early fall, a letter arrived. But it wasn’t confirmation. It was about anthrax.
The letter from the copyright office’s “Triage Unit” said that my package — CD, registration forms, check — had been “irradiated.”
“The United States Postal Service began this precaution following the discovery of anthrax contamination through the mail,” the letter continued. “The irradiation level is strong enough to damage some materials beyond our ability to process them.
“This is the case for the deposit copy (of the CD) that you sent the United States Copyright Office. In order for us to begin the process, we request you (boldface, theirs) send one additional copy of the work you wish to register and an additional filing fee of $60 is needed for registration.”
My first thought? Scam!
But a little research persuaded me otherwise.
First, I checked my bank account online and found that my initial check had not been cashed.
Then, I found an Environmental Protection Agency webpage that confirmed that the Postal Service, with help from the FBI, began to irradiate letters and parcels sent to some government agencies in October 2001 after “the infectious disease anthrax was found in mail sent to several news agencies and the offices of two United States Senators.”
It goes on to explain: “During the irradiation process, mail must pass through a high energy beam of ionizing radiation in order to kill harmful bacteria. The beam penetrates deep into the mail to destroy viruses and bacteria — like anthrax. Mail irradiation can also be used on thicker postal materials like letter trays and packages.
“The ionizing radiation used in the mail irradiation process can cause chemical changes in paper. The mail might come out brittle and discolored, looking and smelling like it has been baked in an oven. Irradiation also might turn plastics brown and warp CD cases or other plastic storage containers.”
So, in other words, USPS and the FBI fried my CD.
I did resubmit, this time writing “Handle with Care” and “CD Inside” all over the bubble mailer. And now, as noted above, I am now a copyright holder like John Prine, Joni Mitchell and other songwriting idols of mine.
Now if can just get someone to review it who isn’t a relative.
Note: Better Late can be listened to for FREE in digital form at https://noelholston.bandcamp.com/releases
For non-radioactive physical CDs, contact the writer at nholston@uga.edu
