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.

Copyright Duration: How Long Does a Song Copyright Last?

For works created after January 1, 1978, the Copyright Act provides that copyright protection lasts for the life of the author plus 70 years. For works created jointly by two or more authors, the term runs for 70 years after the death of the last surviving author. For works made for hire — meaning works created by employees within the scope of their employment or works commissioned under a valid written work-for-hire agreement — the copyright term is 95 years from publication or 120 years from creation, whichever expires first. Understanding copyright duration matters for musicians and songwriters who are structuring ownership and licensing arrangements, since the long-term revenue potential of a successful song depends on the copyright’s duration and the mechanisms for collecting royalties throughout that term.

Works published before 1978 are subject to different rules under the Copyright Act of 1976 and its predecessors, with many works entering the public domain based on their publication date, compliance with formalities (notice and registration), and whether copyright was renewed. The status of pre-1978 works requires careful legal analysis before licensing or recording decisions are made.

Mechanical Licenses and Performance Royalties: Two Separate Revenue Streams

One of the most important practical aspects of music copyright is the distinction between the two primary royalty streams. Mechanical royalties are paid when a copyrighted musical composition (lyrics and melody) is reproduced — on a physical recording, a digital download, or a streaming service. The mechanical royalty rate for physical recordings and permanent digital downloads is set by the Copyright Royalty Board and is currently $0.091 per reproduction for tracks five minutes or shorter. For streaming services, the mechanical rate follows a different formula. Mechanical royalties are administered by mechanical licensing organizations including the Harry Fox Agency and, since 2021, the Mechanical Licensing Collective (MLC), which was established under the Music Modernization Act to administer blanket licenses for streaming services.

Performance royalties are separate from mechanical royalties and are paid when a copyrighted musical composition is publicly performed — on radio, in venues, in restaurants, on television, or through streaming services. Performance royalties for the composition are collected and distributed by Performing Rights Organizations (PROs) including ASCAP, BMI, and SESAC. Songwriters and publishers must register their works with a PRO to collect performance royalties. Note that the sound recording — as distinct from the underlying composition — has a separate performance right for digital transmissions, administered through SoundExchange. A complete picture of a song’s revenue potential requires understanding all these streams and ensuring each is properly licensed and registered.

Co-Authorship and Joint Works: Avoiding Disputes

Under 17 U.S.C. § 101, a “joint work” is a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. In the music context, a joint work typically arises when one person writes the lyrics and another writes the melody, intending the combination to be a single song. Joint authors each own an undivided interest in the entire copyright — meaning each co-author can license the work non-exclusively to third parties without the other’s consent, subject only to an obligation to account for and share any profits from such licensing.

This default rule can create serious commercial problems if collaborators do not have a written agreement governing how the copyright will be managed. Before recording, releasing, or licensing a co-written song, all co-authors should execute a co-publishing or collaboration agreement that specifies: the ownership split, whether unanimous or majority consent is required for exclusive licenses, how licensing revenues will be collected and divided, and what happens to one co-author’s share upon their death. Many music industry disputes — including high-profile litigation over hit records — arise from co-authorship arrangements that were never formalized in writing. The cost of a collaboration agreement is trivial compared to the cost of litigation over a successful song.

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.