How to Copyright a Song
Are you looking to protect your original music? Whether you’re a novice or seasoned songwriter, it is important to understand copyright law and how it applies to your musical works. Copyrighting your songs can help ensure that you control the use of your work and receive the credit and compensation you deserve. This article will provide an overview of the basics of copyrighting music, so you can make sure your creations are protected.
The Definition of Copyright
First and foremost, it is important to understand what copyright means. According to the United States government, “copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) for ‘original works of authorship’ including musical, literary, and artistic works” [1]. Copyright law guarantees creators exclusive rights such as printing copies of their work, performing in public places and selling recordings. It also includes exclusive rights over derivative works made from the original work.
What Can Be Protected By Copyright?
Copyright typically covers any original creation that has been fixed in some tangible medium like paper or digital recording devices [2]. This includes lyrics, melodies and sound recordings associated with a song or piece of music; as well as artwork associated with an album cover or design used on merchandise related to a band or artist. However, before music can be copyrighted certain criteria must be met such as: 1) being original; 2) having sufficient creativity; 3) being non-functional; 4) being tangible expression[3].
Being original means that a work contains an author’s own expression and creativity, rather than simply copying or imitating someone else’s work. In order for a work to be eligible for copyright protection under US law, it must contain enough original elements that make it distinct from other works. Works may originate from existing ideas or materials, but the end product must display sufficient creativity to be original and be considered an author’s own creation.
Having sufficient creativity means displaying an originality, inventiveness and original thought that is of a level sufficient to merit copyright protection. Copyright law requires that a work display a minimum amount of creativity in order to be eligible for protection, and this requirement is often referred to as “having sufficient creativity”. Generally speaking, works must contain more than just trivial variations of existing works or ideas to qualify for copyright protection.
Being non-functional means that a work represents an idea or concept rather than a utilitarian or commercial outcome. For example, text, images and music are considered non-functional because they are not intended to perform some practical task, such as selling a product or providing a service. The US Copyright Office regards non-functional works as eligible for copyright protection, since they possess the necessary originality and creativity required by copyright laws.
Being tangible expression means that a work can be seen or heard and is in some way physically expressed. This could include books, music, artwork, sculptures and other similar works. In the US, copyright protects the tangible expression of certain works, regardless of the medium used to create it. Copyright does not protect ideas or concepts – only their tangible expressions are eligible for copyright protection.
Register Your Work with the U.S. Copyright Office
Once these requirements have been satisfied registering for copyrights provides several benefits such as establishing ownership claims for use in filing lawsuits should someone infringe upon your rights. To register for copyrights contact the U.S. Copyright Office (USCO). The USCO will require title forms containing information about authorship and sound recordings. Once received they will conduct an analysis regarding whether certain criteria have been met before placing a copyright notice on it which usually takes 8 months.
To register a copyright, authors must submit an application to the USCO along with a non-refundable filing fee. The application includes information about the work being registered such as author’s name, title of work, date of creation and copyright claimant, among other things. The USCO also requires two copies of the work to be submitted with the application in most cases. Once an application is approved, it will be registered on the public record and a Certificate of Registration issued by the USCO will be sent to the author or their representative.
Conclusion
Copyrighting music is essential if you want to protect commercial exploitation of your creations without explicit permission from yourself or appointed agents/representatives acting on behalf of yourself under agreement[6]. While navigating this legal aspect may seem daunting having an understanding of how copyright law works when dealing with protecting musical works helps guarantee future financial security for any type success achieved via creative outlets.
