Copyright Laws in Music: Protecting Your Creative Works
If you created something original and successful, would you want others to profit from it without compensating you? That’s why United States copyright laws exist. They protect original works of authorship, including:
- Literary, dramatic, and musical works
- Artistic creations like poetry, novels, movies, songs, software, and architecture
Important: Copyright law does not protect facts, ideas, systems, or methods of operation—only the expression of those ideas.
What Is Copyright in Music?
In the U.S., copyright protection gives the owner of a musical work exclusive rights to:
- Make copies
- Prepare derivative works
- Sell or distribute copies
- Perform or display the work publicly
Owners may also authorize others to exercise these rights.
Note: A musical composition (music + lyrics) and a sound recording (recorded performance) are separate works. They often must be registered separately with the Copyright Office.
Copyright in Studio Recordings
When artists record in a studio, the result is typically an original work of authorship “fixed” in a tangible medium—the master recording. That master may be copyrighted as a sound recording.
Do I Need to Copyright My Music?
Yes—if you want to protect your music from being used freely by others. Registration provides:
- Legal ownership rights
- Ability to sue for infringement in federal court
- Access to statutory damages and attorneys’ fees if registered before infringement or within 3 months of publication
Without registration, your legal remedies are far more limited.
Types of Music That Can Be Copyrighted
Almost any musical work can be copyrighted—including experimental compositions like John Cage’s 4’33”.
Registering Music Copyright with the U.S. Copyright Office
The process is straightforward:
- Register online through the eCO system.
- Pay the required fee (starting at $35 for basic claims).
- Submit your composition or recording.
While you can prepare your own filing, many artists use an attorney to ensure compliance and avoid delays.
Your Rights Under Copyright Registration
As the copyright owner, you gain exclusive rights to:
- Make copies
- Create derivative works
- Sell, license, and distribute copies
- Perform or display the work publicly
Many U.S. circuits require registration before you can file a lawsuit for copyright infringement in federal court.
Should I Copyright My Music Before Uploading to YouTube?
Yes. Ideally, register before publishing—or at the latest within 3 months of publication.
Why? Because early registration allows you to seek statutory damages ($750–$30,000 per work), and up to $150,000 per work for willful infringement.
Forms for Music Copyright Registration
- Form SR (Sound Recording): For sound recordings (published or unpublished). It may also be used for simultaneous registration of underlying works when filed by the same claimant.
- Form PA (Performing Arts): For musical works, dramatic works with music, choreographic works, and audiovisual works.
How Many Songs Can I Copyright at Once?
The U.S. Copyright Office offers a group registration option:
- Up to 20 works or recordings per album if created by the same author (or with one common author) and the claimant is the same.
This option is cost-effective for artists producing albums or collections.
FAQs About Copyright Laws in Music
1. Can I copyright my music for free?
No. You must pay a small fee to the U.S. Copyright Office. However, filing online reduces costs.
2. What’s the difference between a musical composition and a sound recording?
A composition covers the music and lyrics, while a sound recording covers a specific recorded performance. Both require separate registrations.
3. Do I need to copyright before publishing music?
It’s recommended. Registration before or within 3 months of publication secures statutory damages and attorney’s fees.
4. Can I copyright multiple songs at once?
Yes, up to 20 works or recordings per album may be registered together under the group registration option.
5. What happens if someone uses my song without permission?
You can sue in federal court for copyright infringement. Remedies may include injunctions, damages, and attorneys’ fees.
6. Should I hire an attorney for music copyright?
While not required, an attorney can help file correctly, avoid rejections, and pursue infringement claims.
For official instructions, visit the U.S. Copyright Office – Music Works Registration.