Building a successful music career starts with protecting your most precious assets.
At By Design Law, we understand that each client comes with their own set of goals and concerns about IP. That’s why we custom-tailor our legal offerings around you, the individual. Ready to talk? Contact us online to schedule a free consultation .
No matter what type of musician you are, regardless of how commercially successful you are or expect to be, your creative work is worth protecting. The integrity of musicianship is a valuable asset that deserves to be safeguarded, and failure to do so can have serious consequences for your career.
Without legal protections in place, your music may be vulnerable to unscrupulous scammers, marketers and even other creators looking to piggyback off of your work. They may use one of your original compositions to create a viral piece of media and strike a payday off of your inspiration. They may even successfully claim authorship and ownership of it.
Luckily, this doesn’t have to be your future. There are several easy steps you can take to dissuade would-be thieves from co-opting your music and (in the event that they steal it anyway) to pursue compensation for infringement. One of the simplest and most effective ways to achieve this is through copyright protection.
Unsure about what copyright is or how it affects you? Don’t worry—we’ve got you covered. This article will explain everything musicians need to know about copyright laws in the U.S., including pertinent protections, how to register your work and what to do if your music is used unlawfully.
In an increasingly digital world, your ideas are the building blocks for what’s to come. That’s why intellectual property (IP) law has never been as essential to creators across industries. Need help with an IP issue? Fill out our online intake form .
Understanding Copyright Law in the U.S.
The first thing that everyone needs to understand about copyright law is this: Copyright protection exists from the moment an original work becomes a tangible medium.
That means as soon as a song is recorded in an audio file or saved in a voice memo or (for you old-school pros) notated in sheet music, it has copyright protections. As the owner, you can do whatever you want with it—make copies, sell it, distribute it, etc.—without registering it. However, if you choose not to register it with the U.S. Copyright Office , you won’t receive the full range of protective benefits that you could.
What Type of Music Is Protected?
Most people don’t realize that a single song can contain multiple copyrightable elements. These elements break down into two main categories: musical work or sound recording . Here’s how the two are defined:
- A musical work , according to U.S. copyright law, is a song’s underlying composition and any accompanying lyrics. It is what most people would consider the meat of a song and is created by the songwriter.
- A sound recording is typically what we consider to be the mastered version of a recorded audio file and includes other sounds contained in the recording. Unlike a musical work (which is typically created by one person but may be created by multiple people), a sound recording is commonly created by a producer, audio engineer or others.
The distinction between a musical work and a sound recording may seem insignificant, but it matters because these works are subject to different copyright rules. Additionally, they can be (and often are) owned and licensed separately.
Why Register Your Work?
If you’re like a lot of musicians, you may be wondering: Why register my work if it’s automatically copyright protected? This question makes a lot of sense, especially when considering that most amateur musicians will never pursue legal action against infringement. However, it’s an important step for career musicians (or any musician selling their work) because it offers an additional layer of protection.
When you officially register your musical work with the U.S. Copyright Office, you gain a few additional benefits. Most notably, you secure your access to federal courts if an infringement issue ever arises. Registration is also a worthwhile endeavor because it makes a public record of your ownership.
How to Register Your Music
Applying for registration with the U.S. Copyright Office requires you to complete a few simple steps. You’ll need to start by researching which application best fits your needs. Once you’ve filled out the appropriate form, you’ll submit it along with a filing fee and a copy of your work.
Here are some of the most common application types:
- Standard application , which can be used to register an individual sound recording or musical work
- Group registration of unpublished works , which allows you to register up to 10 unpublished works by the same author
- Group registration of works on an album of music , which allows you to register up to 20 musical works or sound recordings if all of the submissions have at least one common author. To use this form, each work in the submission will need to have the same claimant.
In situations with multiple authors, owners or claimants, you may need assistance from an intellectual property and copyright attorney. You can find more information about additional applications for musicians here .
What to Do if Your Work Is Used Unlawfully
You have a right to pursue legal action against anyone who uses your original work unlawfully and without your permission, as long as their use doesn’t fall under fair use or another exception.
However, you can’t bring an infringement lawsuit to federal court until you’ve officially registered your work, which is why it’s typically a good idea to do so from the start. It’s also important to note that if you want to have your attorney’s fees covered or to pursue statutory damages, the timing of your registration matters.
Although copyright lawsuits are most frequently decided in federal courts, you may choose to use the Copyright Claims Board (CCB) instead. The CCB is a voluntary forum designed to resolve copyright disputes in cases where damages total less than $30,000 and is typically faster and more cost-effective than federal court. But again—you need to have filed an official registration application in order to take advantage of it.
Ultimately, the best thing you can do if your work is used unlawfully is to contact an experienced intellectual property attorney . They can evaluate your case and provide you with the best legal path forward.
By Design Law: Your Advocates Against Copyright Infringement
Intellectual property law is an increasingly important yet niche practice area that we’re proud to be part of. As experienced IP and copyright attorneys in Greater Seattle, By Design Law takes its IP violations—and your rights—seriously.
If you have questions or concerns about copyright infringement or another IP issue, we can guide you toward the right answers. Schedule a free consultation to get started.