For copyright purposes, songs have three distinct components: lyrics, music, and performances. Each component carries its own copyright, and each is to be registered separately with the U.S. Copyright Office. One person can own the copyrights to all three components either because one person created the unique artistic works embodied in the lyrics, music, and performance or because one person or entity has become the owner of all three components. So, the question of “how to copyright a song” is really the question: “How to copyright music, lyrics, and performances?” The copyright lawyers at Revision Legal provide the following discussion. If you have questions about copyrights, contact us.
What is a copyright?
Copyrights are protected by U.S. and international copyright laws. Copyrights apply to original works of human authorship that are fixed in a “medium” such as paper, film, audio recording, etc. Copyrights come into existence when the original work is created and fixed in a medium. Thus, in some respects, a creator does not need to DO anything to have a copyright. However, registering your copyright with the U.S. Copyright Office maximizes the legal protections provided by copyright law. Copyrights are property rights which give the creator/owner of the copyright the following property rights:
- Exclusive right to use of the created work (which also entails the right to prevent others from using — trespassing on — the work)
- Right to sell copies, display, perform, and otherwise monetize and publicize the work
- Right to create derivative works based on the original
- Right to license others to use the work — a form of rental
- Right to sell the original work
- Rights of inheritance with respect to the work
If someone is trespassing — infringing — on my song, what legal rights do I have?
As noted, a copyright gives the owner an exclusive right to use the original work. This also means that an owner can prevent others from using the work without permission. Unauthorized use is generally called “copyright infringement.” Permission can come directly from the owner of the copyright. For example, an owner can sign a licensing agreement allowing another to use the copyrighted work. Permission can also come in the form of legally allowable use. This is generally called “fair use.”
If someone is infringing on your copyrights, the perpetrator can be sued for money and statutory damages which can be very substantial. To sue in federal court, the relevant copyrights must be registered with the U.S. Copyright Office.
How do I register a copyright with the U.S. Copyright Office
Essentially, to register a copyright with the U.S. Copyright Office, the owner must complete the proper forms and pay the required fees. The person/entity attempting to register a copyright must show that they are the owner, that the work is original, that it has some artistic or creative aspect, and that the original work of authorship is in a fixed medium. Two copies of the original work must also be supplied to the Copyright Office.
With a song, then, each component must meet these requirements. The lyrics, music, and performance to be registered must all be original, etc. In general, almost every performance can be deemed as an “original work” and, of course, there could be new lyrics to old music or vice versa. What is copyrightable will depend on the circumstances.
It should also be noted that, with all components of a song, joint ownership can cause legal complications. Copyrighting performances can be particularly difficult. Consider a video depiction of a band performing a certain song. Aside from the lyrics and music, how many people have contributed jointly to the creation of the video? All the members of the band, surely. But what of the person running the camera and audio equipment? Given the complications, it is useful to have some legal guidance from experienced copyright lawyers. The cost is quite reasonable.
Contact the Copyright Attorneys at Revision Legal
For more information, contact the experienced Copyright Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
