Protect What’s Yours: Getting Copyrights to Music

The music you create is more than just notes and lyrics—it’s your art, your story, and your livelihood. But without proper copyright protection, your work is vulnerable to misuse or theft. Whether you’re a growing musician, seasoned songwriter, or producer, understanding how music copyright works is essential to securing the rights to your creations and ensuring you receive the credit and compensation you deserve.

In this guide, we’ll explore everything you need to know about copyright in the music industry, from the basics of copyright law to actionable steps for securing your music and protecting your music in the digital age.

Understanding the Basics of Music Copyright

What Is Music Copyright?

Copyright is a legal right that gives creators ownership and control over their original works. For music, copyright covers two key elements:

1. The Sound Recording – Refers to the actual recorded performance of the song.
2. The Underlying Musical Composition – Includes the melodies, lyrics, and musical arrangement.

When you register a song, the sound recording and the composition can be protected. However, they are treated as separate assets under copyright law.

What Can\’t Be Copyrighted?

Not everything in music can be copyrighted. For example:

• Song Titles – While “Bohemian Rhapsody” is iconic, the title isn’t protected under copyright.
• Short Phrases or Chords – Basic musical elements like chord progressions or a drumbeat pattern aren’t eligible for copyright protection unless they are uniquely arranged.

Understanding these nuances is essential when navigating copyright law as a music creator.

The Importance of Copyright for Musicians, Songwriters, and Producers

Copyright is more than legal protection—it’s the foundation of your music career. Here’s why it matters:

• Control Over Your Work: Copyright ensures you decide how your music is used. Want to license your song for a movie? That’s your call as the copyright owner.
• Royalties and Compensation: Whether it’s mechanical licenses for physical sales, digital streams, or sync licenses for TV and film placements, copyright enables you to earn income from your music.
• Protection From Theft: Without copyright protection, your work could be copied or distributed without your consent, leaving you with little or no recourse.

How to Copyright Your Music: Step-by-Step Guide

Securing copyrights to your music is a relatively straightforward process. Follow these steps to protect your work effectively.

1. Fix Your Work in a Tangible Form

Under copyright law, your music must be in a fixed, tangible format. This can be a recorded audio file or a written sheet of music.

2. Determine the Type of Copyright You Need

• For the sound recording, you’ll register as the producer or performer who created the recording.
• For the underlying musical composition, you’ll register as the songwriter or composer of the work.

3. Register With the Copyright Office

• Visit the U.S. Copyright Office website (or the equivalent in your country) to file for registration online.
• Provide details about your work, including the title and composition.
• The fee—it typically ranges from $35 to $85, depending on the number of tracks.

4. Receive Your Registration Certificate

Once submitted, the copyright office processes your application, and you’ll receive an official certificate confirming your copyright.

Protecting Your Work: Copyright Infringement and Enforcement

Working With a Copyright Lawyer

Navigating the complexities of copyright law can be overwhelming, especially in the music industry, where your creations span multiple rights and protections. This is where a copyright lawyer can become an invaluable resource. A copyright lawyer specializes in intellectual property law and can provide expert guidance tailored to your needs as a music creator.

Here’s how working with a copyright lawyer can benefit you:

• Expert Advice: A copyright lawyer can help you understand the nuances of copyright law, including areas that may need clarification, such as international copyright considerations or co-ownership rights in collaborative works.
• Drafting and Reviewing Contracts: Whether you’re signing a publishing deal, licensing your music, or negotiating a collaboration agreement, a lawyer ensures the terms protect your interests and rights.
• Handling Disputes: If someone infringes on your copyright, a lawyer can assist in enforcing your rights, whether through cease-and-desist letters, settlement negotiations, or litigation.
• Comprehensive Guidance: Copyright lawyers can also help you set up strategies for managing your intellectual property, including trademarking band names or setting up copyright protection for your entire catalog.

Although hiring a lawyer might seem costly, it can save you significant time, money, and headaches in the long run. Finding a lawyer with experience in music and copyright law is essential, as they will have a deep understanding of the unique challenges and opportunities within the industry. A proactive legal approach ensures your music—and your career—are protected.

Recognizing Copyright Violations

Copyright infringement occurs when someone uses your music without your permission. Common examples include unauthorized samples, public performances, or distribution of your tracks.

Signs your work may have been infringed:

• You find your song uploaded on a streaming platform without your consent.
• Someone else has recorded a performance similar to your original composition.

What Should You Do if Your Rights Are Violated?

• Contact the Offender: A cease-and-desist letter can often resolve minor disputes.
• File a DMCA Notice: If someone uploads your music online without permission, you can request its takedown using the Digital Millennium Copyright Act (DMCA).
• Consult a Lawyer: For severe cases, consider taking legal action with the help of a copyright attorney.

International Copyright and the Digital Age

The digital world has made music more accessible and vulnerable to piracy. Thankfully, international agreements like the Berne Convention for the Protection of Literary and Artistic Works protect your exclusive rights are protected in member countries.

Similarly, tools like Content ID systems on platforms like YouTube help you automatically track and monetize how your music is used online.

FAQs on Music Copyright

Can I copyright a song I haven’t recorded yet?

No, your music must be in a fixed form (recording or written) to qualify for copyright protection.

Do I need a copyright for every song on my album?

No, you can register all the songs on your album by listing all titles.

Do copyright laws apply to cover songs?

Performing or producing a cover requires a mechanical license from the copyright owner of the original song.

Why Copyright is the Backbone of the Music Industry

Copyright provides musicians, songwriters, and producers with the tools to protect and monetize their creativity, putting them in control of their careers. Without it, artists would struggle to maintain ownership and secure income from their works.

As you continue crafting your life\’s soundtrack, make sure you protect it. Explore copyright protection, and don’t hesitate to consult legal professionals when needed. Defend your art—it’s the foundation of your legacy.

Looking to Patent an Invention?

Please contact Arlen Olsen at Schmeiser, Olsen & Watts LLP at aolsen@iplawusa.com.

About the Author

Mr. Olsen, a former adjunct professor of intellectual property law, has over 25 years of experience in all aspects of intellectual property law. Mr. Olsen is a founding Partner of Schmeiser, Olsen & Watts LLP and a former United States Patent Examiner. Mr. Olsen has prosecuted numerous patents that have been litigated and received damages in excess of $60 million dollars. Additional activities include teaching seminars and appearing as a guest lecturer on intellectual property matters for corporations and educational institutions and evaluating and consulting with clients regarding the scope, enforcement and protection of intellectual property rights.