Module 1.1
How to Copyright Your Music
Copyright is the legal protection that covers your original creative works. In music, copyright is automatic—it exists from the moment you create an original song in a fixed form (recorded, written down, etc.). Understanding copyright is crucial for every musician because it's the foundation of how you protect and monetize your music.
- •*The Two Copyrights in Music:**
- •*1. Composition Copyright (©):**
This protects the song itself—the melody, lyrics, and musical arrangement. This copyright belongs to the songwriter(s).
- •*What it covers:**
- •The melody and harmonic structure
- •The lyrics
- •The arrangement and structure of the song
- •Any musical notation or written score
- •*Who owns it:**
- •The songwriter(s) who created it
- •Can be transferred to a publisher
- •Often split between multiple songwriters
- •*2. Sound Recording Copyright (℗):**
This protects the specific recorded performance of a song. This copyright belongs to whoever recorded it (often the artist or record label).
- •*What it covers:**
- •The specific recording/master
- •The performance captured in that recording
- •The production and mixing choices
- •The specific interpretation and arrangement
- •*Who owns it:**
- •The artist who recorded it (if independent)
- •The record label (if signed)
- •The producer (if negotiated)
- •Potentially split between multiple parties
- •*Why This Dual Copyright System Matters:**
- •*Example Scenario:**
If you write a song and record it yourself:
- •You own the composition copyright (as the songwriter)
- •You own the sound recording copyright (as the recording artist)
If another artist covers your song:
- •You still own the composition copyright
- •They own the sound recording copyright for their version
- •They need a license from you to release their cover
- •*Automatic vs. Registered Copyright:**
- •*Automatic Copyright:**
- •Exists the moment you create and fix your work
- •Requires no paperwork or registration
- •Protected in the U.S. and 180+ countries (Berne Convention)
- •*Registered Copyright:**
- •Formal registration with the U.S. Copyright Office
- •Creates a public record of your ownership
- •Required to file infringement lawsuits in U.S. courts
- •Allows for statutory damages and attorney's fees
- •Much stronger legal protection
- •*Why Copyright Matters for Musicians:**
- •*1. Ownership and Control:**
Copyright gives you exclusive rights to:
- •Reproduce your work (make copies)
- •Distribute your work (sell, stream, license)
- •Create derivative works (remixes, adaptations)
- •Perform your work publicly
- •Display your work publicly
- •*2. Income Generation:**
Copyright is the basis for all music income:
- •Streaming royalties
- •Radio airplay
- •Public performance royalties
- •Mechanical royalties (from reproductions)
- •Sync licensing fees
- •Print music sales
- •*3. Legal Protection:**
Strong copyright protection lets you:
- •Stop unauthorized use of your music
- •Sue for infringement
- •Collect damages from infringers
- •Protect your reputation
- •Control how your music is used
- •*4. Business Asset:**
Your copyrights are assets you can:
- •License to others
- •Sell or transfer
- •Use as collateral
- •Include in contracts
- •Pass to heirs
- •*Copyright Duration:**
- •*In the United States:**
- •Life of the author + 70 years (for works created after 1978)
- •For works made for hire or anonymous works: 95 years from publication or 120 years from creation, whichever is shorter
- •*This means:**
- •Your songs generate income for your lifetime
- •Your heirs benefit for 70 years after your death
- •Your catalogue has long-term value
- •*Common Copyright Misconceptions:**
- •*Myth: "I need to mail myself a copy to prove I wrote it"**
Reality: The "poor man's copyright" has no legal standing. Formal registration is the only way to prove ownership in court.
- •*Myth: "If it's not registered, I don't own it"**
Reality: You own it automatically, but registration is necessary for full legal protection.
- •*Myth: "Once it's on the internet, it's public domain"**
Reality: Publishing online doesn't forfeit copyright. Your work remains protected.
- •*Myth: "I can use 30 seconds of any song without permission"**
Reality: Any amount of copyrighted material requires permission. There's no "safe" amount.
- •*Building Your Copyright Foundation:**
As an independent artist, you should: 1. Understand you automatically own your copyrights 2. Register important works with the Copyright Office 3. Document your creative process 4. Use split sheets for collaborations 5. Keep detailed records 6. Join a performing rights organization 7. Consider professional advice for valuable works
- •*Copyright is Your Most Valuable Asset:**
Your copyrights are more valuable than:
- •Your instruments
- •Your recording gear
- •Your merch inventory
- •Any other physical asset
Protect them accordingly. The time and money invested in proper copyright protection will pay dividends throughout your entire career and beyond.