How To Get Copyright For Music

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Under international law, copyright is the automatic right of the creator of a work. This means that as soon as you write down a song or make a recording, it's copyrighted. In order to enforce the copyright, though, you'll need to be able to prove your ownership. In the US, that means you need to register your song with the U.S. government's copyright website. This will make it much easier to assert your rights if your copyright is infringed. Read on to learn more about how to protect your song with a copyright.

1

Make a copy of your song. You could make a CD, USB drive, mini-disc, cassette tape, MP3, LP, record it on video, or write out the sheet music. All of these methods may be used to create a hard copy recording of your song. As soon as it's recorded, it's copyrighted - now you just need to have it registered.
2

Go to the US government's copyright website. Click on the Electronic Copyright Office, where you can make an online copyright filing. Registering online is simple, and it will take about 4.5 months to be processed. This is a much shorter process than registering by mail, which can take up to 15 months. ^[1]
3
Register a free account. Click on "new user" to open your account. You'll need to give your name, address, country (if not from the USA), phone details, and preferred contact method.
- Once you have an account opened, you can use this every time you'd like to make a copyright application. The account allows you to monitor your applications and to find various types of information concerning copyright. There is also a tutorial on making a claim provided.
4

Complete your online copyright application. Click on "Register a New Claim" under "Copyright Services," located in the left-hand column of your account. Be prepared to answer questions about yourself, the work you're seeking to copyright and where you'd like the copyright certification to be sent.
5

Pay the $35 fee. You can pay via either credit or debit card, electronic check, or a copyright office deposit account.
6
Upload an electronic copy of your work. Many types of files are accepted, but check the Copyright Office's complete list to ensure that you're not sending in an incompatible file.^[2]
- If you prefer not to send an electronic copy, you can send a hard copy (non-returnable) and it has to be sent in a box, not an envelope. You can make a shipping address slip from the site.
7

Wait for your copyright application to be processed. You can log back into your account to check the status of your claim at any time.^[3]

1
Obtain form CO. ^[4] You can either download it from the US Copyright Office website or call the office at (202) 707-3000 and request that the forms be sent to you. You may also request the form you need by mail at US Library of Congress, Copyright Office, Independence Avenue, S.E., Washington, D.C. 20559.
- Form SR is the right form to fill out to register a copyright for sound recordings.
- Form PA, the form for performing arts recordings covers recordings of live performances.
- Form CO may be used for any type of sound recording or performing arts recording.^[5] Since the fee for forms PA and SR is currently $65 and the fee for form CO is $45, consider carefully which meets your needs most. Visit http://www.copyright.gov/forms/ for more information.
2

Fill out the form. Read the instructions carefully and fill it out exactly how it is explained. If you have any questions, contact the Copyright Office.
3

Place required materials into a Package. The Package should include the filled out form, the specified payment, and a non-returnable copy of the song.
4

Send your package to the US Copyright office. Mail it to the following address: Library of Congress, Copyright Office, Independence Avenue, S.E. Washington, D.C. 20559-6000.
5

Wait for the certificate of registration. Have patience because this part of the registration process can take a while. It can take up to 15 months if you've filed by mail, according to the Copyright Office FAQ, and averages around 8 months currently. The good news is that your copyright is effective from the day that your materials are received by the Copyright Office. You'll receive a certificate of registration when it does arrive.

1

Avoid poor man's copyright. There is a long-standing myth in the music industry that the old-fashioned fix of recording a song, placing it in an envelope and mailing it to oneself guaranteed copyright. The post date on the stamp was supposed to serve as proof of the date of origin of the song, provided the envelope remained sealed. However, this method didn't stand up in various court cases and has since been discredited.^[6] Moreover, given that your copyright exists on creation, and that an envelope's seal can be carefully unsealed and resealed, this method does seem rather fallible.
2
Be aware of the Berne Convention. If your country is a member of the Berne Convention, copyright in a song comes into existence when you create it. It does become more complicated when there are several creators who have contributed to the song, but there are rules governing these "layers." It's best to seek legal advice in that situation.
- The U.S. copyright office is the only one among the Berne Convention's member countries offering a method to register content of the song (lyrics, melody, chord, etc.). Unfortunately in all other countries, only the title of the song is recorded. The value of the protection afforded is significantly reduced. However, your possession of a dated original is all the proof of authorship that you need in most countries, assuming there is any dispute.

Add New Question

Question

Can the CD have several songs in it or do you have to pay for each song

You can register a full album with multiple songs. The single copyright fee covers the whole album.
Question

How can I check to see the names of all of the songs I have copywritten already?

If you have registered your songs with the U.S. Copyright Office, you should be able to open an online account and find your records that way. Go to www.copyright.gov to get started.
Question

Is it possible to copyright an entire album for the $35 fee or is the fee a per song fee?

The fee covers the full album.
Question

I wrote a song in the early 70's and can prove that the classic song was wrongfully and illegally claimed by someone else. What is my first step? She claims to have written in 1973, but I will pass a polygraph stating I wrote it and I know how she got it. I want my credit. Where do I start?

If you registered your song with the US Copyright Office back in 1970, then this would be easy for you. But I assume from your question, that that didn't happen. You will need to speak with a copyright attorney. This sounds like a matter that is going to have to go to court, and you will need to prove to a judge or jury that you have the original right to the song, and that your song came before the other person's song. Proving this can be difficult. You will need notes, diaries, witnesses from 1970 who heard your song, etc. Good luck.
Question

Can I copyright a song if it is just recorded, or do I have to have the music written, too?

A recording alone counts. An MP3 without sheet music is a very common method of filing for the registration of a copyright.
Question

Hi. I have written lyrics to a song already composed. I call the song "Do Your Work," and they lyrics are sung to the song "Watch Me" by the rap artist Silento. How do I copyright this?

Your copyright protects your lyrics. You can register that with the U.S. Copyright office, and when you register, you will be asked if you are claiming copyright to the entire song, or just a portion of it. You are claiming copyright to the lyrics alone. You cannot copyright the music, because you don't own that. As for playing, performing or selling the song, you will need to find out where it is licensed with a music licensing agency, and request permission to use the music. Check ASCAP, BMI, or HFA for starters.
Question

What is the limit on songs that I can add to the album?

You can add up to 100 songs to the album.
Question

Can I have only the lyrics copyrighted?

Yes. Copyright refers to whatever portion of a song you have written. If, for example, you write new lyrics to already established music, you can copyright your lyrics for someone else's music. (Be careful, however. Your copyright, in this example, may not allow you to play or sell your song with someone else's music, unless you have a license or legal right to use their music.)
Question

How can I use Bollywood songs for my website?

To use anyone else's music for a website, or any other purpose, you need a license. You need to find out what company that music is licensed with, and then request permission. (There will be a licensing fee.) The major licensing agencies are ASCAP, BMI, or HFA, although there are many others. If you are looking for one specific song, you'll have to check around.
Question

Do MP3 audio files count as a tangible version of the music I want to copyright?

Yes, for copyright purposes, MP3 audio files count.

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Remember, copyright is created and belongs to the creator of an original piece as soon as it is fixed in a tangible form.
Copyright registration in the USA is completely optional until you want to enforce it.
Are you wondering if your rights are available only in your home country or in the country in which you created the work? The good news is that the Berne Convention contains a reciprocity clause. That means that you are granted a copyright in your work under the laws of the country in which you created your work (provided the country has ratified the Berne Convention), but if copies of your music happen to end up in any other country part of the Convention, you will keep your rights in your music. Your rights will, however, be governed by the laws of the country in which the infringement occurred.
Send your work to the Copyright Office by certified mail and request a return receipt. This costs about $5.00. When you receive the return receipt, you'll know they have it and the process has started.
Be aware that your application will be available to others, with much of it accessible online.
A first safety step to create evidence of ownership (whether it is in the U.S., Australia, New Zealand and the European Union countries) is to send a copy of your music to yourself in a certified letter. This will help show that you created it first.
If your song is determined to be below the threshold of originality, then it will be rejected by the US copyright office and released into the public domain.

Watch out for misleading links and commercial copyright companies. If you search online for "U.S. Copyright Office," you may find yourself getting lead to for-profit companies, rather than the government website, and end up paying unnecessary filing fees!
Make sure that your music is totally original. The rap hit "Ice Ice Baby" by Vanilla Ice copied the bassline from Queen and David Bowie's song "Under Pressure" and Vanilla Ice was sued.
The US advice assumes that you are a US citizen. In 1989, the US became a party to the Berne Convention,^[7] meaning that if you're from outside the US, you're not required to register with the US Copyright Office before you can make a claim in a US court.^[8] However, you may wish to seek legal advice about availing yourself of the US registration process should you wish to have your music aired, heard, performed, or otherwise used in the US market.

Things You'll Need

Any tangible version of the music (i.e. recordings, sheet music, etc.)
$50 paper; $35 online
Internet access (easiest, fastest method)
PA, SR, or CO Forms

About This Article

Article SummaryX

To copyright a song in the US online, start by making a copy of your song using a CD, USB drive, MP3, or writing out the sheet music. Next, go to the US government's copyright website, click on the Electronic Copyright Office, and register for a free account. Then, click on "Register a New Claim," fill out the copyright application, and pay the required fee. Finally, submit your song by uploading an electronic copy or mailing a hard copy. For more tips, like how to prepare your application package if you're registering your song by mail, read on!

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