How to Copyright Your Music
What copyright protection means, how to formally register, what it costs, and how long it lasts.
You Already Have Copyright Protection
Here's something most artists don't know: in the United States, copyright protection begins the moment you create an original work and fix it in a tangible form. That means the second you record a demo on your phone or write lyrics in your Notes app, that work is technically protected by copyright.
So why bother formally registering? Because registration dramatically strengthens your legal position if someone infringes on your work.
Why Registration Matters
Copyright registration with the US Copyright Office gives you several critical advantages:
Public record: Your ownership is documented in the federal database. Anyone who wants to challenge it bears the burden of proof.
Statutory damages: If you register before infringement occurs (or within three months of publication), you can sue for statutory damages up to $150,000 per infringement — without having to prove your actual financial losses. Without registration, you're limited to actual damages, which are often small and difficult to prove.
Attorney's fees: Registered copyright holders can recover attorney's fees in successful infringement cases. This is what makes lawyers willing to take infringement cases on contingency.
The bottom line: Registration is the difference between having rights and being able to enforce them.
What to Register
You need to register two separate copyrights for each song:
- The composition — the underlying musical work (lyrics + melody). Register this under the songwriter's name.
- The sound recording (master) — the specific recorded version. Register this under the recording artist's or label's name.
These are legally distinct works and have different owners, different royalty streams, and different licensing requirements.
How to Register
- Go to copyright.gov and create an account
- Select the appropriate form:
- Use Form PA for compositions (musical works)
- Use Form SR for sound recordings (or to register both at once if you own both)
- Upload a digital copy of your work (MP3 or WAV for sound recordings; PDF or text file for compositions)
- Pay the filing fee: $45–$65 online
- Wait. Processing times currently range from 3 months to over a year
Pro tip: You can register an entire album or EP as a single collection, which is more cost-effective than registering each track individually. This works as long as all the tracks are owned by the same rights holders.
How Long Does Copyright Last?
For works created after 1978, copyright lasts for the life of the creator plus 70 years. For works created by a corporation or under work-for-hire, it's 95 years from publication or 120 years from creation, whichever is shorter.
The Poor Man's Copyright
You may have heard of mailing yourself a copy of your work as "poor man's copyright." This is not a recognized legal substitute for registration. Don't rely on it.
Key Takeaways
- Copyright exists automatically when you create a work — but registration strengthens your legal rights
- Registered copyright holders can claim statutory damages up to $150,000 per infringement
- Register both the composition and the sound recording separately
- Use copyright.gov — fees are $45–$65 per registration
- You can register an entire album as a collection to save money
Glossary
- Copyright
- An exclusive legal right granted to creators of original works to control how their work is reproduced, distributed, and performed.
- Statutory Damages
- Fixed monetary awards set by law for copyright infringement, available to copyright holders who registered before the infringement.
- Work for Hire
- A legal doctrine where the creator of a work is employed to create it, and the employer — not the creator — owns the copyright.
- Sound Recording
- A recording of a performance of a musical composition. A distinct copyright from the composition itself.