Do Musicians Really Need to Copyright Their Songs?
Your music is a piece of you. You likely spend countless hours crafting the lyrics and perfecting the chords to create a true piece of art. Music comes from the heart and soul. It’s the reason that songs evoke so many powerful emotions for people. Writing and creating a song can be a painstaking process but, in the end, it’s so worth it. The result is that you have a beautiful piece of yourself that you can present to the world.
With all the time and effort, you put into creating your music, you want to make sure it’s protected. That’s where copyright comes in. By definition, copyright is the ownership of intellectual property by a person or group of people, in this case, music. Obtaining copyright for your music protects against infringement and plagiarism. It also allows you to receive royalties when your music is used by someone other than you.
So, do you need to copyright your songs? In short, yes! It grants you exclusive rights as the owner to:
Reproduce your music
Adapt and arrange
Perform the music
Display, distribute, and/or sell copies of the music
Incorporate visual images into it
License others to do any of the above
Below we go into detail about why you need to copyright your songs and some important details about the process.
Copyright & Federal Registration
The truth is, just by creating your music — the lyrics, melody, and arrangement — you have intellectual property. That, in and of itself, means that it’s copyrighted. So, you don’t have to register your music with the US Copyright Office, but you should.
Registering your music is the best way to prove ownership. The registration entitles you to statutory damages plus attorney fees. Not to mention, when you register with the US Copyright Office, you’re entitled to enhanced benefits in the event of litigation. Thanks to a ruling by the Supreme Court, you can earn $150,000 plus attorney fees, but only if you register early on.
Beware of the “Poor Man’s Copyright”
You might have heard that you can bypass the whole federal registration process and just use the ‘Poor Man’s Copyright’ instead. Although this has been popular in the past, it’s best not to rely on it.
The ‘Poor Man’s Copyright’ refers to a method in which a person sends themselves a copy of their music through certified mail and leaves it sealed in the package. The idea is that you’re proving the date of creation with the federal postmark on the package. Unfortunately, as tempting as this sounds, it holds no weight in court. You’re better off using the traditional route and registering your work with the US Copyright Office.
You’re Legally Entitled to Royalties
A huge benefit that comes with copyright protection is obtaining royalties. As we mentioned above, as the copyright holder, you’re the only one allowed to use, modify, and distribute your music. However, you can transfer that right in return for monetary compensation, or royalties.
This keeps people from using your music without your permission and entitles you to compensation with permission. It’s a win-win! Transferring and assigning rights to use your music is only temporary. It doesn’t give anyone permanent rights to your work. This is the process used when you sign to a publisher or record label. It allows them to publish and market your music in a mutually beneficial way.
Types of Music Copyright
There are two different types of copyright for your music. The first is Composition copyright. This covers the melody and lyrics of your song. The second is Sound Recording copyright. Sound recording refers to the unique arrangement of sounds that happens in the recording process. There is only one composition copyright but there could be multiple sound recording copyrights. This is because a song with the same lyrics and melody can be recorded in many different ways, like acoustic and electric.
The composition copyright is owned by the songwriter, whereas the sound recording copyright is owned by the recording artist. If you are self-recording, you could own both! On the other hand, you might share copyright with several people and a label.
If there are multiple people involved in writing the song (your band perhaps) it’s up to the songwriters to decide how to split the ownership. Typically, it would be split evenly but that’s up to you. The most important thing is that the decision of ownership is discussed and documented in writing after a song is completed.
How to Get Protection
The only way to have legal copyright protection that will hold up in court is to register with the US Copyright Office. There are two different forms to choose from: Form PA is for composition and Form SR is for sound recording. There is a fee involved in registering but it is minimal when you consider the alternative consequences.
We recommend carefully reading the Copyright Office’s information on the applications and process to ensure you fill out the forms correctly.
Copyright Lasts Beyond Your Lifetime
The good news is that after you go through the effort of registering your music, that protection lasts long after you die. That way you can rest in peace, knowing that no one is misusing your life’s work. In the United States, copyright extends for 70 years beyond the death of the author. If there is more than one copyright owner, it extends 70 years past the death of the last living owner.
Alternatively, if you created work for another brand or corporation, they are the owner of the copyright. This copyright lasts for 95 years from its first publication or 120 years from the year of creation, whichever expires first.
Mirada Media
Ultimately, you have every reason to copyright your songs. It gives you rights that hold up in court and allows you to reap the rewards of your hard work in the form of royalties. We hope our explanations helped you understand the benefits and process of copyright registration.
If you’re looking for a way to manage your music and track everything from royalties to pitches, Mirada Media can help. With our digital music management software, we make everything easy and straightforward.
Ready to get started? Contact us today!