Copyright Basics

Understanding copyright is essential for protecting your music and ensuring you receive proper compensation for your work. This guide covers the fundamentals of music copyright.

Copyright is a form of intellectual property protection that gives creators exclusive rights to their original works, including musical compositions and sound recordings. These rights allow you to control how your music is used and to receive compensation for its use.

In music, there are two distinct copyrights:

1. Composition Copyright (©)

• Protects the underlying musical work (melody, harmony, lyrics)
• Owned by the songwriter(s) and/or publisher
• Sometimes called "publishing rights"

2. Sound Recording Copyright (℗)

• Protects the specific recorded version of a song
• Owned by the recording artist and/or record label
• Sometimes called "master rights"

Copyright gives you the exclusive right to:

• Reproduce the work (make copies)
• Distribute the work (sell or transfer copies)
• Perform the work publicly
• Display the work publicly
• Create derivative works (remixes, samples, etc.)
• Digital transmission of sound recordings

Copyright protection automatically begins the moment your work is fixed in a tangible medium:

• When you record the song
• When you write it down (sheet music)
• When you save it as a digital file

While registration is not required for protection, it provides important legal benefits.

For works created in 2025 or later:

• Life of the author plus 70 years
• For jointly created works: 70 years after the last surviving author's death
• For works made for hire: 95 years from publication or 120 years from creation, whichever is shorter

While not required, registering with the U.S. Copyright Office (or your country's equivalent) provides additional benefits:

• Creates a public record of your copyright
• Required before filing an infringement lawsuit (in the U.S.)
• Allows for statutory damages and attorney's fees in successful litigation
• Provides prima facie evidence of valid copyright

To register in the U.S.:

1. Visit copyright.gov
2. Complete the appropriate form (Form SR for sound recordings)
3. Pay the filing fee ($45-$65)
4. Submit a copy of your work

• © - Composition copyright
• ℗ - Sound recording copyright

Format: © [Year] [Copyright Owner] Example: © 2025 Songwriter Name

While not required, it's good practice to include a copyright notice on all your releases:

"All rights reserved. Unauthorized reproduction, copying, hiring, lending, public performance and broadcasting prohibited."

Most countries honor each other's copyrights through international treaties:

• Berne Convention
• Universal Copyright Convention
• WIPO Copyright Treaty
• TRIPS Agreement

• Trademark: Protects names, logos, and slogans that identify the source of goods
• Patent: Protects inventions and processes
• Creative Commons: A way to grant certain rights to the public while retaining others

• Poor Man's Copyright (mailing yourself a copy of your work) is not legally recognized
• Putting © on your work doesn't substitute for registration
• Changing X% of a work doesn't avoid copyright infringement
• Free use is not the same as fair use

1. Register your compositions with a performing rights organization (PRO)
2. Consider registering with the copyright office
3. Use proper copyright notices on all your work
4. Keep detailed records of your creative process
5. Consider music publishing administration

For specific legal advice regarding your music, consult with an entertainment attorney.