How to Copyright a Song or Music

US copyright law provides for the registration of and protection of “musical works, including any accompanying words,” provided that they are fixed in a tangible medium of expression. In layman’s terms, this means that any song you set down on some sort of record, either in written musical notation or an audio recording, is covered, both music and lyrical content. One who registers a copyright for a musical composition is given the exclusive right to make copies of the work, create derivative works, sell and distribute copies of the work, and perform the work in public. Others may make use of the work in these ways provided that they have the permission of the author or another responsible party.

The copyrighting of musical compositions, however, do fall under compulsory licensing provisions of copyright law. This means that after you make and distribute the original sound recording, other individuals may make their own recordings of the material, provided that they pay you a fee known as a “royalty”. More information on the compulsory licensing of musical compositions can be found in Circular 73, distributed by the Copyright Office.

Like most works, musical compositions are automatically considered copyrighted the moment that they are created, but there are certain advantages that can be had from registering them with the copyright office. For one thing, it provides a very clear and irrefutable legal precedent in the event that arguments about original authorship ever arise. In addition, if someone makes unauthorized use of your work, you generally aren’t allowed to file an infringement suit unless you have first registered your copyright.

If you intended to register a copyright for your musical composition, be sure to read everything you can about it to ensure that you are using the correct forms. Different forms exist for collections of music, published and unpublished music, new editions of previously published music, etc. Ensuring that you are using the proper forms will help to avoid any problematic issues with copyright in the future.