How to Copyright Your Music

• Disclaimer: The content of this page is intended for general informational purposes only and is not a substitute for professional legal advice.

Guide Note: Copyrighting your songs will guarantee protection from theft and plagiarism. Although copyright law can be extremely complex, the process of registering is actually quite simple. This page will explain the basics of How to Copyright Your Music.

Disclaimer: The content of this page is intended for general informational purposes only and is not a substitute for professional legal advice.

Introduction

• Copyrighting your music is the only way to protect your original creative work from being ripped off. In order to take legal action against a thief or plagiarist and receive statutory damages, you must have an official copyright of your music from the U.S. Copyright Office. While copyright law itself can be a confusing topic, the process of registering is actually pretty simple. It does involve a fee, but the price is small compared to the peace of mind you'll have knowing that your exclusive rights to your music are protected. This page will give you the rundown on the basics of Copyrighting your music.

Copyright Law

• Did you know that, technically, the moment you put your song into any tangible form—record it on your 4-track, scribble lyrics on a napkin—you automatically own the copyright? The trick, of course, is proving when you immortalized your work of art.

Poor Man's Copyright

Before setting up your band's merch table, you should be sure your music is protected. (Creative Commons photo by Joe Crimmings Photography)

• Some people mail a copy of their own CD to themselves and never open it. Because the postmark includes the date, they assume this is proof of when they created it. This is commonly referred to as "poor man's copyright." Variations include relying on digital timestamps that tell you electronically when something was created, like the one embedded into a CD you've burned from your computer.

• The problem with this method is that it is pretty easy to fake, and therefore doesn't actually legally protect you very well. The only true and guaranteed way to protect your music from unlawful use is by obtaining an official registration from the U.S. Copyright Office. Luckily, going through the official process is relatively painless.

What You'll Need

1. A recording of the song(s) to be copyrighted.
2. The correct form (see below), properly filled out.
3. An envelope or package to mail them in.
4. A check book and $45 in the bank.

Official Copyright Forms

1. SR - Sound Recording
   • Copyrighting the sound recording does not protect the composition itself but only that particular recording of it.
   • Therefore, if your band has legally licensed and covered "Smoke On The Water" on your latest CD, you cannot copyright the song itself but you can use this form to protect your recorded version of it from being used without your permission.
   • Form SR can be used to copyright the composition in addition to the sound recording (if they are being registered by the same person).
   • If your band has recorded an album that you want to copyright, you will definitely need form SR.
2. PA - Performing Arts
   • This method of copyrighting protects your rights to the song itself.
   • Although you will submit a recording of the music, it is simply to document the song. Form PA will not copyright the sound recording.
   • If you are a songwriter looking to protect your composition, but aren't worried about the recording itself, use form PA.
3. CON - Continuation Form
   • This form can be used as a continuation of forms SR or PA. See the instructions included with each form (in the next section) for more details.

The Registration Process

1. Fill out the form of your choice: SR or PA (and CON if you need it).
2. Write a check for $45.
   • Make it payable to "Register of Copyrights."
3. Find or make an extra copy of the material you are copyrighting.
   • This copy will not be returned to you.
4. Place the application, payment, and music into an envelope or package.
   • Mail it to:
   • Library of Congress
   • Copyright Office
   • 101 Independence Avenue, S.E.
   • Washington, DC 20559-6000
5. Relax with the knowledge that you don't have to worry about the safety of your hard work!

For More Information

• This page is only a basic guide. Copyright law is complex and can be confusing. For a complete resource for all your copyright questions, go to the official site of the U.S. Copyright Office.

Resources for How to Copyright Your Music

• U.S. Copyright Office: Copyright Law of the United States
• U.S. Copyright Office: Sound Recordings Registration | Performing Art Works
• FindLaw: Copyright Law 
• Wikipedia: Copyright | Poor Man's Copyright | Statutory Damages
• Click & Copyright: What Copyright Protection Do I Get...
• Music Biz Academy.com: Copyright, Tradmarks, & Publishing
• Music Powers: How To Copyright Your Music & Beats

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