When Do I Know My Sound Recording Copyright Has Registered
Updated to reverberate toll changes announced by the U.S. Copyright Office, effective from March 20th, 2020
Copyright talk can get extremely disruptive.
This is my endeavour to go along things unproblematic and give you lot a practical footstep-by-footstep guide you tin follow to protect your songs.
By the stop of this mail you will:
- Sympathize why music copyright is important.
- Make the difference between copyright ownership and copyright registration.
- Figure out if you lot need to register your music copyright or not.
- Know how to copyright a song online (recording and lyrics).
- Meet how to copyright a full album in a fast, affordable and efficient way.
- Understand why gratuitous copyright registration options are useless.
Let's get right into it.
i- Why Is Copyright Important?
It's how y'all make money!
The people who own the copyright of a composition and sound recording are the people who make up one's mind what can be done with that music.
They are also the people who get paid when that song or sound recording is performed, reproduced or sold in pretty much any shape or form.
In other words, the copyright owners are the ones who make decisions and make money.
If you need a quick reminder of the distinction betwixt a composition and a audio recording, head over here.
2- Do I Need To Copyright My Music?
Depends what you mean past "copyright"….
Every bit long every bit it's original, your music is copyrighted equally soon every bit you write it downwards or record it on a tangible medium. On paper or in an audio file for instance.
There's naught else you lot need to do to become the proud owner of a music copyright!
Nonetheless….
If someone else ever copies your music without your dominance, maybe you'll want to file a suit for copyright infringement.
Assuming you lot're non interested in pursuing negotiations outside of court and you have the money to advance legal fees, here's what yous need to practise.
For Works of Non-U.S. Origin
Chances are you can go ahead and sue fifty-fifty if you didn't register your music with the U.S. Copyright Office.
You are most likely protected past the Berne Convention and should be ok as long as you lot tin can provide evidence of when yous created the original work in the start identify.
As I write this in Jan 2019, Wikipedia tells me there are 176 signatory countries to the Berne Convention out of 195 countries in the globe.
Having said that, information technology can't hurt to ask your local Performance Rights Organization about copyright best practices in your role of the earth.
For Works of U.S. Origin
Registration with the U.Southward. Copyright part is mandatory if you want to enforce your exclusive rights of copyright on a piece of work that was created in the U.South. and/or by a U.Southward. national.
In improver, in order to be eligible for statutory amercement and attorneys' fees, your music must be registered PRIOR to the infringement or within three months after publication.
3- Should You Copyright Your Music?
Arguments Against Copyright Registration
- it's boring;
- information technology takes time abroad from your music;
- you lot have to pay copyright registration fees;
- there are other ways to constitute the creation date of your work;
- y'all might non fifty-fifty demand it!
Arguments IN FAVOR OF Copyright Registration
- yous can register your entire catalogue in one go and exist washed with it;
- you'll get an official certificate that dates your work;
- it's only $65 to copyright an album online ($45 to copyright a song);
- you'll probably detest yourself if you don't do it and cease up needing it….
Whatever y'all decide, decide and roll with it!
Copyright registration is fairly straightforward and affordable (run into video tutorial below). Delight don't employ information technology every bit an excuse to keep your music locked abroad from the outside earth…..
4- How To Copyright A Song? ($45 Online)
Again, let's exist precise and specify that we're REGISTERING a song with the U.S. Copyright Office here.
Your copyright ownership is established as soon equally yous write down or tape the vocal.
Copyright owners can annals their copyrights. They don't accept to.
Equally a side note, registering your song with a Functioning Rights Organization is something entirely separate. Make sure you exercise that so you go paid when your composition is performed in public!
Ok…. Now!
How Do Y'all Register A Song With The U.Due south. Copyright Office?
Step 1 – you head over to the U.S. Copyright Part's website and create an account with them. That's free.
Step two – decide what copyright you want to register:
— A limerick? Y'all'll need a performing arts application.
— A sound recording? You'll need a sound recording application.
— Both??? No trouble!
Let me evidence you exactly how you can register both your sound recordings and the underlying compositions with only one application form….
5- How To Copyright Multiple Songs In One Become
Published vs Unpublished Works, an Of import Update
Since March 15th 2019, the U.S. Copyright Office has TWO processes in place to register a collection of songs and audio recordings.
One for works that have already been published.
Another for works that remain unpublished at the fourth dimension of registration.
If yous apply the incorrect course, the U.Southward. Copyright may decline your application, significant you will have wasted time and money.
So you amend make sure you know the difference between published and unpublished works…
What Does the U.S. Copyright Office Say?
"In general, a work is published when an authorized copy is sold or offered for distribution to the public." – circular 7b
"for purposes of farther distribution, public performance, or public display" – round 1
"A public functioning or display of a musical composition does not, in and of itself, constitute publication" – round l
– Sources accessed on September 13th 2019
What Does That Mean?
Information technology means your piece of work is published when…
♦ The work is available to the public. For free or for auction, doesn't affair.
♦ You authorized that public availability.
♦ Your intention was that the work would be shared with others and further distributed.
Now that'south clear, let'southward have a look at the 2 processes in place to register collections of songs (e.one thousand. an album) all in i-go.
Selection A – Grouping Registration of PUBLISHED musical works
If yous want to annals a total album of music that's already been published, you'll want to use a Standard Awarding form to register your sound recordings and the underlying compositions.
Here'south how you do information technology.
Option B – Grouping Registration of UNPUBLISHED musical works
On March 15th, 2019, the U.Southward. Copyright Office made changes to how we can register a "collection" of UNPUBLISHED works.
If you want to register a full album of UNPUBLISHED works all in one go, you must now utilise a new course for "Group Unpublished Works".
The following tutorial was prepared by the U.S. Copyright Function to explain this new procedure.
What About Free Copyright Registration Options?
If you lot want to bring a lawsuit for copyright infringement of a U.S. piece of work, copyright registration with the U.S. Copyright Office is mandatory. And information technology's non free.
The U.Due south. Copyright Office at the Library of Congress is the but organisation that tin evangelize a legit Copyright Registration.
Sending yourself a copy of your anthology simply won't cut it…..
All Clear?
I certain hope so!
If not, let me know in the comments.
I'll do my best to answer your questions 
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49 Comments
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When Do I Know My Sound Recording Copyright Has Registered,
Source: https://www.creativeandproductive.com/how-to-copyright-music/
Posted by: estradainving.blogspot.com
Fantabulous! You cleared up much of my confusion. One question I have: how does 1 go almost updating a song, for example mods to the lyrics or expanding on the recording? Would it require some other copyright registration? Thank you.
Cheers, Joyce. Then the original submission can remain without update of a discussion change. However, if I created an expanded musical arrangement it appears it would be classified equally a derivative piece of work and I believe plant a new copyright.
That'southward how I empathise information technology, yes. Having said that, terms referenced in the circular like "small" and "substantial" go out some room for estimation then don't hesitate to ask the U.Due south. Copyright Office directly for confirmation/information on specifics! They have an online contact form and also include their phone number at the end of the round I linked to if that's easier for you lot.
Excellent work here as always, Joyce! I've been copyrighting my music for over 8 years – TOTALLY worth the trouble!
Better safety than sorry every bit they say! In your experience, how long does it take to submit your work afterwards filing the course and paying the fee?
I'd say, most songs come back within a a few months. One vocal, though, because information technology sounded REALLY similar to an Adele hit, took about fourteen months to get the copyright! lol
I had songs copy written back in the 70s. I lost my copies of them. Am I able to somehow view the copies I sent in?
No idea. Have you tried asking the Usa Copyright Office?
what does 'published' mean-uploaded to Spotify?
This a very good, concise, starter but hither are ii things y'all should add for the future:
1- Debunk THE MYTH – way also many people notwithstanding believe you can mail yourself a package and use the postmark as testify if y'all are ever in a copyright boxing – WRONG and Impaired. If y'all make it worth a few 1000000 dollars I'll get you a package with whatsoever postmark you lot want on it.
2- STRONGEST Prove – friends and family that can trod into court and swear on a bible that they heard that song 3 years ago when you played it for them. So don't go along your songs in a closet – play them to the people who love you!
Adept points! Thanks, Dan! 🙂 I hadn't thought of friends and family testimonies. So simple! Merely added a note to emphasize the futility of the "poor man's copyright"
Excellent commodity!
But 1 indicate you say for US ORIGIN copyrights that "Registration with the U.Due south. Copyright office is mandatory if you lot want to enforce your exclusive rights of copyright on a work that was created in the U.Due south."
IMHO, registering a Copyright in the US all about ENFORCING it in the US, no matter whether information technology was created there or non. Which means (a) if you created your Copyright in the U.s.a. and did not annals there you lot could still enforce your Copyright in e.thou. Germany (in instance you reasonably prove your date of publication anywhere in the globe or probably somewhere online). Vice versa (b) if you're not living in the US or wrote your song in the United states of america, y'all can still annals for a Us Copyright. And actually, you amend do and then in case you want to enforce it in the United states. And (c) a registered Copyright in the US will probably exist an first-class show of publication appointment of your Copyright anywhere in the world.
Thank you! 🙂
I agree completely with point (c). As mentioned in the post, considering how easy and fairly affordable it is to register your copyright for a full anthology with the U.Due south. Copyright Office, you might also annals your work even if it's of non-U.s. origin, just to get an official certificate that dates the work. But as Dan mentioned above, information technology's non the only manner. You don't have to.
Regarding bespeak (b), if the work is of not-United states origin and originates from a country that signed the Berne Convention, y'all should exist able to enforce your rights in the U.S. even if it'due south not registered with the U.S. Copyright Office. Having said that, there's a grayness expanse for US nationals who produce piece of work outside of the US and, again, considering how like shooting fish in a barrel and fairly affordable registering music with the U.S. Copyright Office is, you might choose to annals anyway simply to be on the safety side of things.
Regarding point (a), in theory, yes, but as stated in the U.Due south. Copyright Office'due south Circular 38: "If you seek copyright protection for your U.Southward. work in another country, information technology is of import to determine the points of attachment under that country's copyright system. […] Go on in mind, however, that some countries offer piffling or no copyright protection to foreign works."
Anyway, as with all legal matters, it'southward easy to feel overwhelmed and fear the worst once we start contemplating every possible scenario. Register or don't register. Sue or don't sue in case of infringement. It really is a personal decision.
I'm of the opinion that, if someone is worried near their music existence stolen and would perchance want to sue if that happened, then registering their copyright with the U.S. Copyright Function makes a lot of sense, fifty-fifty if it'south a piece of work of "non-US origin", because information technology'south quick and easy and will requite them a sense of security and some peace of mind. And yet, fifty-fifty that's non a guarantee that they'll be protected 100% and nil bad will happen! 😉
In a way, copyright registration is a bit like buying insurance: you pay for it but you're never quite sure how things will pan out if you need to make a merits one day!
I just copyrighted my new ballet. Included is a recording (ii CDs), a libretto, the orchestra score and the orchestra parts. I elected the option to send via mail following paying my fee. What practise I need to ship? Merely the CD? The CD + libretto? The CDs + libretto + score? Thanks. (I added the libretto, the orchestra score and orchestra parts under "Other").
Hi Bob,
That's a question that'll be meliorate answered by the U.South. Copyright Office. You lot tin enquire them using this online form or via phone (listed at the bottom of each circular): "For general data, call the Copyright Public Information Office at (202) 707-3000 or one-877-476-0778 (toll costless). Staff members are on duty from 8:30 am to 5:00 pm, eastern time, Monday through Friday, except federal holidays. To request awarding forms or circulars by postal mail, phone call (202) 707-9100 or ane-877-476-0778 and go out a recorded bulletin."
I desire to use my nickname every bit my vocalizer / artist proper name for my songs. I have been told by a professional that I should employ my existent proper name for copyrighting. Is there whatsoever harm in using my nickname for copyrighting or anything I should be cautious about? I'k mostly worried virtually getting the rights to my songs, and if putting my nickname would take away from / confuse that. What are your thoughts?
Hey, Joyce.
I oasis't been caring about the copyright, but at that place was an upshot that made me serious about it. One of my Youtube videos was copyright claimed by a company, LatinAutor. I have no idea how they got it.
The matter is that I'g broke and take made zero money with my songs so far. So, spending money on it is a big bargain to me. I've been looking for an affordable copyright company and suddenly your article came up on my mind.
And then, I am wondering what kind of method I can prove my work every bit you mentioned in this commodity.
Anybody tin ready the engagement whatever they want at nearly of the websites. SoundCloud, Songtradr, Pond5 and etc. What if someone took your song and gear up the date earlier than yours?
How-do-you-do Jean,
Well…. There are a few things here.
1/ First matter I would practice is get in impact with YouTube and file a counter-merits. I don't know how to practise this exactly simply I'm sure y'all can find helpful posts on this online. This may be a good place to start: https://support.google.com/youtube/answer/2807684?hl=en
ii/ I would also reach out to LatinAutor and ask them about their claim, explain that it's your original music and you don't understand why they have fabricated a copyright merits with YouTube. That might clear things upward.
3/ Regarding proof of ownership, I like Dan Lieberstein'due south proffer in the comments about friends and family testifying. If the example becomes serious, I'm pretty sure the dates on the original audio files and the dates of the file upload to platforms like SoundCloud would trump the date that someone manually input on such a platform.
Thanks, Joyce.
I found LatinAutor has been doing the same things to others. Some people were discussing about it on reddit.
https://www.reddit.com/r/youtube/comments/bjfv3z/someone_or_a_company_named_latinautor_copyrighted/
So, I approximate it must be scam or something else. I need to check Dan's proffer at some point.
By the way, I am wondering if SoundCloud can protect my job. Equally you can encounter, yous tin change the date of your song. Permit'south assume you created a song A and uploaded on SoundCloud without copyright registration. I download your song and upload on my SoundCloud and set the date earlier than yours. And then if I claim "This is my vocal." and so what can you exercise?
Sounds like all the more reason to dispute the claim with YouTube!
Re SoundCloud, it's not their role to protect your songs. I'm non a lawyer but I would imagine that the date that's on at that place would accept very piddling value in a court of law because it's just a number added manually by the person uploading the song.
If I have a vocal that I originally authored and had it produced and paid them a fee for it. Should I point that on the copyright course that it was a "work for hire" vocal?
Hi Tom,
Didn't see this comment before! We've exchanged on the subject since then but I thought I'd clear a few things up on here 🙂
A work for hire is: "a work prepared by an employee within the scope of his or her employment" or "a work specially ordered or commissioned for use".
Basically, if someone hired yous to write a vocal or you wrote a song as role of your chore – as an in-firm composer at a music product company for example – and so that vocal would be a work-for-rent and the copyright would belong to your employer or the person who deputed the work.
When you pay someone to help you produce the vocal, you should brand sure everyone is on the same page. Ideally, yous want to keep all the copyrights related to the composition and the sound recording.
I'm certain in that location are complicated legal intricacies that are higher up my pay grade but that's the gist of it 🙂
Hither's more than documentation on work-for-hire, directly from the US Copyright Office.
Then my questions is what if an artist is completely broke and is just starting out creating songs and tin can't afford to pay for copyrighting his music? Then this would hinder him or her from creating it and putting information technology out in that location. Something new needs to happen in this area; as it'south crusade so many court cases and lawsuits that shouldn't exist.
Hi Shawn,
Not really. Y'all can still create and put your piece of work out there.
Equally explained in the article, "equally long equally information technology's original, your music is copyrighted as presently as you write it downward or record it on a tangible medium", you own your music copyright.
Copyright registration is just mandatory if y'all want to sue for damages.
That means that, if someone stole your work, y'all could still find other means to prove you ain the copyright and negotiate with them outside of courts.
Yep, there is a chance that someone volition steal your work and you won't be able to get paid for that, only I don't recollect the take chances is that high.
And even if that does happen, yous can probably be creative and use that publicity to your advantage.
This is just my opinion and I'm not a lawyer simply I do retrieve that sometimes we tend to focus on everything that can go incorrect and forget that lots of things can go right as well when we put ourselves out there.
PS: that's work piece of work of The states origin. Depending on where y'all're based in the earth, copyright registration might non even be mandatory to sue and claim damages.
Hi Joyce, I'm in the mixing stages of my album. I have two questions. Question 1) I have recorded a total of fourteen tracks, 13 authored totally by myself and one rails written by a friend (lyrics and most of the music, though I wrote the coda also as arranging the song). How would I go virtually copyrighting this last song? Would my friend and I have to copyright it separately from the others even though it'south going to be on the album?
Question two). Is it possible to get out off a song off the album but still take it copyrighted along with the other songs that will announced on the anthology? I'm still uncertain whether to include it or non.
Thanks for your reply, Adrian
Hey Adrian,
1) Re the vocal you co-wrote, you'll have to agree with your co-writer if the split should be fifty/50 or something else. Might want to draw upward and sign a separate sheet to brand sure you're both on the same page.
Re how to process the copyright registration, it depends if y'all're talking about piece of work that's been published already or remains unpublished. I recommend you ask the US Copyright Office directly.
two) I think and so yes.
Hullo Joyce,
Cheers for the reply- I understand at present.
For the ane co-authored song I mentioned, will information technology be possible on the online-form to specify which exact title was co-authored? I checked on Copyright.gov and from what I gathered in that location, I'm still not sure if just that 1 song will be co-authored or if all the songs will exist (erroneously) co-authored. Just want to brand sure that simply one song being registered was co-authored and all the others were authored by me. Thanks for your respond.
Hey Adrian,
Yeah, you should exist able to practice that.
If y'all get stuck or annihilation is unclear during the registration process, you lot can always salve your draft and go in touch with the United states Copyright Office for aid.
Here's the contact info they listing at the lesser of their circulars:
By Email
To ship an e-mail research, click the Contact Us link on the Copyright Part website.
By Telephone
For general information, telephone call the Copyright Public Information Office at (202) 707-3000 or
1-877-476-0778 (toll free). Staff members are on duty from viii:30 am to 5:00 pm, eastern time,
Monday through Friday, except federal holidays. To request application forms or circulars by
postal mail, call (202) 707-9100 or 1-877-476-0778 and exit a recorded message.
Past Regular Mail
Write to
Library of Congress
U.S. Copyright Office
Publications Section
101 Independence Avenue, SE #6304
Washington, DC 20559-6304
Hi Joyce, Though you had mentioned 20, I believe the maximum now is 10 songs per album-at to the lowest degree that'south the info I'k got from the copyright office when I did the filing-work. I have 14 songs on my album. How would I proceed with that- would I have to submit 2 applications and pay double ($130.00)?
Hi Adrian,
Yes, apologies for the confusion: information technology's 10 audio recordings with their 10 underlying compositions so 20 music copyrights technically but I didn't brand that clear at all.
If you don't desire to pay for two applications, my trick would be to publish the songs and and then apply for a group registration of published musical works where I believe you lot tin even so register more than 10 songs at once.
That said, I'm no lawyer and I don't work for the US Copyright Office so y'all may want to double-check with them first!
Hi Joyce,
If you annals your work as non published and after former it becomes published, would y'all have to re-register the copyright once more?
Hi Rebeca,
If you self-publish and yous haven't modified the composition and sound recording that was initially registered, so no. It's the same work and the same correct owner you already registered after all.
If y'all have transferred ownership to a third-political party music publisher, you might want to update your initial copyright registration.
Here's an interesting commodity that covers a few situations where yous'd desire to update or supplement a copyright registration.
Cheers very much Joyce!!!
Two last questions….tin you lot register merely vocal lyrics? I exercise not accept actual recordings, just lyrics to the songs. Also if in the time to come I add sound recording to these lyrics would I have to re-register now with the song lyrics and sound recording or every bit long as the lyrics are registered I should be fine?
Hullo Rebeca,
You tin can register but song lyrics. In that case, yous are registering the composition copyright NOT the sound recording copyright then you would need to exercise a separate registration if you wanted to register the audio recording copyright downwards the line.
Hither'southward the US Copyright Office's Circular covering the subject of copyright registration of Musical Compositions and Sound Recordings.
If the difference between a composition and a sound recording is not clear, I recommend you lot go through the United states of america Copyright'south Part Circular 50 and/or this blog post.
Hi. Thank yous for clearing upward a lot of things. My question is pertaining to actually uploading the documents. I accept ten songs that I accept recorded myself singing and I have typed out the lyrics. Therefore, each song has 2 documents (the audio recording and the typed lyrics…resulting in 20 documents). Will I exist able to upload all of these documents at the aforementioned fourth dimension?
Hi Jasmine, best inquire the United states Copyright Office directly 🙂
Hi,
If I created the instrumental, wrote the lyrics, and sung over the song, is that 3 carve up copyrights that I would have to buy? Also, should I wait to register the album as "Published work" copyright the day information technology is released or can I register it equally "Unpublished work" beforehand and still maintain protection when the album is released? Final question is do I have to copyright the album cover, championship, and my stage proper noun? The anthology cover was created past someone else.
How-do-you-do Jordan,
When you register a audio recording or composition'south copyright, whether published or unpublished, the copyright is valid for that audio recording or composition. If you make changes to the audio recording or limerick, that's another story. Best go in affect with the US Copyright Office for specific use cases.
Re the anthology cover, copyright issues volition depend on whether the artist fabricated it under a piece of work for hire agreement or not simply bluntly, I haven't looked into it.
This is the same question that I have ??? Did you observe an reply to this question?
I forgot to specify…its the question that Jasmin asked on the fifth of June.
Howdy Carol, I'd cheque with the US Copyright Part directly. Their Public Information Office should exist able to help.
I accept a question, I hope you can answer delight! So equally of right now I am copyrighting my songs that are UNPUBLISHED right now. I am copyrighting my compositions since I am a songwriter. Nevertheless, what happens when they get from unpublished to published. Will I take to re copyright my songs?
I don't think so, no. If the song remains unchanged, then the song'southward copyright has already been registered.
With that said, information technology's ever best to check with the Usa Copyright Part directly! 🙂
It's costless to ask and they're normally pretty fast and helpful.
Hello,
This is super helpful, and thanks for taking the time to read all these comments
!
I equanimous some music, hired past a friend (who organized a consortium and a variety of organizations paid minor fees to have access to the song, waiving premiere rights). They are all based in the United states. I am from the The states but am based in Portugal, and composed the piece of work in Portugal. My questions:
1) Which country's copyright laws apply to me?
ii) I'thou considering waiting to register the piece with the copyright role, and I'd prefer to await until I have a agglomeration of compositions and put them together to salve coin. In that location are emails and things with my friend with the music, so I think it'd be pretty piece of cake to prove information technology'south mine. Since information technology'southward already copyrighted on creation, just not registered, should I put the little c circumvolve thing at the bottom of the music? on every page or just in one case?
iii) I'one thousand not sure if I should exercise a creative eatables copyright or a regular one, since perhaps twenty organisations or and then made financial contributions to this piece with the agreement they tin play it.
4) Just to understand, copyrighting is more about other people "stealing" your IP, saying it'south theirs, etc. But if i want money for people performing it, I should go to a performing rights system like ASCAP or BMI. Is that correct?
Hi Iris,
ane) Not a lawyer, would rather non guess.
ii) Don't know how useful putting the footling c circle thing on sheet music is.
3) I'm non sure either.
four) REGISTERING your music copyrights is most beingness able to sue in the Us for damages when you call up someone has stolen your piece of work. As mentioned in the post "As long as it's original, your music is copyrighted as soon as y'all write information technology down or record it on a tangible medium. On paper or in an audio file for instance."
To learn more well-nigh music royalties and getting paid (outside of collecting damages related to a potential copyright infringement), check out this post: https://www.creativeandproductive.com/music-royalties/