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How To Copyright A Song

How to Copyright a Song (A Comprehensive Guide)

Trady

Trady

28 May 20245 min read

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How to copyright a song

Creating music is a deeply personal and rewarding process.

However, protecting your artistic creations from unauthorized use is equally important.

Copyrighting your song ensures you maintain control over your work and receive due recognition and compensation.

This article will guide you through:

  • The different forms of copyright in music,
  • The step-by-step process of copyrighting a song,
  • And what actions to take if your music is used unlawfully.

When it comes to music, there are primarily two forms of copyright:

  • Musical composition copyright: This protects the songwriter's rights over their melody, harmony, rhythm, and lyrics. If you write a song, this copyright form ensures no one else can use your musical composition without permission.
  • Sound recording copyright: This protects the specific sound recording of the song. If you or someone else records your song, this copyright ensures that the recording cannot be reproduced, distributed, or performed without authorization.

Both these copyrights are essential for the comprehensive protection of your music, covering the creative content and its recorded form.

What is the process of copyrighting a song? A step-by-step guide

Step 1: Fixation

Ensure that your song is fixed in a tangible medium. 

This means it should be written down in musical notation or saved in a sound recording in some form, such as a digital file or physical medium like a CD.

Step 2: Register your copyright

While your work is automatically protected by copyright law as soon as it's fixed in a tangible medium, registering your copyright with the U.S. Copyright Office provides additional legal benefits. Here's how you can do it:

  • Prepare your application: Gather all necessary information about your song, including the title, authorship, and creation date.
  • Go to Copyrightable: Want to know how to copyright a song online? It's easy with Copyrightable. Just register on our website, and we'll get you in touch with a qualified intellectual property attorney. 
  • Submit a copy of your work: Provide a copy of your song as part of your application. This can be in the form of sheet music or a sound recording.
  • Pay the fee: Submit the required registration fee, which varies depending on the type of application.
  • Receive your certificate: Once your application is processed, you'll receive a registration certificate that provides legal proof of your copyright.

Step 3: Maintain your records

Keep detailed records of your registration and any subsequent uses of your song. This documentation can be invaluable in the event of a copyright dispute.

What to do if your music is used unlawfully

If you discover that your music is being used without permission, take the following steps:

  1. Document the infringement: Collect evidence of the unauthorized use, including dates, locations, and the nature of the infringement.
  2. Contact the infringer: Send a cease and desist letter to the infringer, requesting them to stop using your work and to compensate you for any damages.
  3. Seek legal assistance: If the infringer doesn't comply, consult an intellectual property attorney to explore further legal actions, such as filing a lawsuit for damages.
  4. File a DMCA takedown notice: If the infringement occurs online, you can file a Digital Millennium Copyright Act (DMCA) takedown notice with the website or platform hosting the infringing content.

Is it worth copyrighting a song?

As a musician or songwriter, you may wonder if it's worth the effort and expense to go through the copyright registration process.

(And the potential stress of dealing with the United States Copyright Office and, potentially, the federal court.)

While the decision ultimately depends on your specific circumstances and goals, here are several compelling reasons copyrighting your music is a valuable investment.

Legal protection

  • Exclusive rights: Copyrighting your song grants you exclusive rights to reproduce, perform, create, display, and distribute derivative works from your music. These rights give you control over how your music is used and ensure you can profit from it.
  • Public record: Registering your copyright creates a public record of your ownership. This can be crucial in resolving disputes and proving ownership if someone else claims they created your song.
  • Legal recourse: If someone uses your song without permission, having a registered copyright makes it easier to take legal action against them. You can file a lawsuit for copyright infringement and potentially recover damages, attorney fees, and court costs.

Financial benefits

  • Revenue opportunities: Copyright registration of your song ensures you receive royalties from various uses of your music, such as sales, streaming, public performances, and synchronization in movies, TV shows, and commercials.
  • Licensing and publishing deals: Many music publishers, record labels, and licensing agencies require songwriters to have registered copyrights before entering into agreements. This can open doors to lucrative deals and broader exposure for your music.

Peace of mind

  • Protection of your creative work: Copyrighting your song provides peace of mind, knowing that your creative efforts are legally protected. This allows you to focus on making music without worrying about unauthorized use.
  • Long-term security: Copyright protection lasts for the author's lifetime plus 70 years. This long-term protection ensures that your music remains under your control and can continue to generate income for you and your heirs for decades.
  • You don't have to do it yourself: With Copyrightable by Trademarkia, the entire process is seamless from start to finish. With professional attorneys handling your case, you're in good hands.

Protect your valuable works with Trademarkia.

To ensure comprehensive protection for your music and other creative works, consider partnering with Trademarkia.

We offer a range of services designed to safeguard your intellectual property, including trademark registration, copyright protection, and legal support for enforcement actions.

And with Copyrightable by Trademarkia, you can focus on your creativity while we handle the complexities of intellectual property law.

At the end of the day, to register sound recordings, your song title, and protect your own music is to secure your legacy.


FAQs

How much does it cost to copyright your song?

Copyrighting your song costs from a $99 subscription at Copyrightable. Get in touch with us for the best option for yourself.

How can I legally copyright a song?

You can legally copyright a song with Copyrightable, quickly and efficiently, entirely online!

How do I know if a song is copyrighted?

A song is copyrighted when fixed in a tangible form, such as a recording or sheet music. To verify if a song is copyrighted, search the U.S. Copyright Office's online records or contact them directly.

Should I copyright my music?

Yes, copyrighting your music is recommended. It provides legal protection against unauthorized use and allows you to claim royalties. It also grants you exclusive rights to reproduce, distribute, and perform your work.

How long does a copyright last?

In the United States, a copyright lasts for the author's life plus 70 years after their death.

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AUTHOR

Meet Trady, Trademarkia's AI "Creative Owl" and the whimsical author behind our blog. Trady isn't just any virtual writer; this lively owl combines inventive wordplay with a deep understanding of trademark law. By day, Trady dives into the latest trademark filings and legal trends. By night, it perches high, sharing trademark wisdom and fun facts. Whether you're a legal expert or a budding entrepreneur, Trady's posts offer a light-hearted yet insightful journey into intellectual property. Join Trady and explore trademarks with wisdom and playfulness in every post!