Every time a song is streamed, played on the radio, or performed live on TV or at a venue, the rights holder receives royalties because they own the song's copyright.
So who are the rights holders? Everyone who contributed to the song’s creation, including the songwriters, composers, and lyricists. They automatically receive copyright protection — the legal right to control how the song is used — just for creating it. Publishers, recording artists, and labels that own a share of the song are also protected under copyright law through the publishing and recording contracts they sign with creators.
However, just because someone automatically gets a copyright when they create a song doesn't mean they can always enforce their rights if someone uses their music without permission. While an unregistered copyright can still earn royalties and be licensed for TV placements, samples, publishing deals, cover versions, and distribution, the copyright must be legally registered to file a lawsuit.
In this article, you'll learn how music copyright works, the two types of music copyrights, and the steps to register your work with the US Copyright Office to protect all of your rights.
What Is Copyright in Music?
A music copyright grants the creators of an original musical work legal rights. It gives them control over how the work is copied, performed in public, sold, or adapted.
In the U.S., copyright protection begins as soon as the work is fixed in a tangible form. However, there are two types of music copyright, and what qualifies as “tangible” varies between them.
What Are the Two Types of Music Copyright?
Every song is protected by two copyrights, and those copyrights are what allow the rights holders on both sides to earn music royalties and exercise their rights:
- Composition copyright protects a song as written, including the melody, lyrics, and harmony. Songwriters, lyricists, or composers automatically own these rights upon creating a song. However, some rights are typically transferred when a publishing deal is involved, meaning the publisher collects a share of the earnings.
- Sound recording copyright protects a specific recorded version of a song, often called the master recording in the music industry. This includes the performance and all associated production elements. The rights belong to the entity that financed and controls the master, such as a record label in a traditional contract or the artist if they recorded independently.
Copyrights for compositions are valid as soon as they are documented, whether on paper, a napkin, or in a digital file. Sound recording copyrights, or master recordings, take effect only when the sounds are captured, whether digitally, on tape, or in another similar format.
How to Copyright a Song: Step by Step
Here's how to copyright music using the Copyright Office's electronic filing system, eCO:
Create an Account
Register online through the eCO portal.
Choose the Correct Form
Select Performing Arts (the digital version of Form PA) for a musical composition. For sound recordings, select Sound Recording (the digital version of Form SR).
If you wrote and recorded the song and own both rights, you can register the composition and the master together using the Sound Recording category. However, this is only possible if the same person is listed as the author and claimant for both.
Fill Out the Application
Include the title of the song, author, year of creation, year of release if it's been published, and ownership information.
Pay the Filing Fee
The system will prompt you to pay before uploading your music, which costs $45 for a Single Application (one song, solo author/owner), $65 for a Standard Application (co-writers, publishers, or work-made-for-hire), or $65 to $85 for a Group Application if you need to register multiple tracks at once.
For group filings, use GRUW (Group Registration of Unpublished Works) to register up to 10 unpublished songs or GRAM (Group Registration for Works on an Album of Music) to register up to 20 songs on one album. Note that under GRAM, the composition and sound recording sides must be filed as two separate claims.
Upload a Copy of Your Work
This is known as your "deposit copy," and it includes sheet music, a lyric sheet, or an audio file. The Copyright Office uses this as the official record of your registration. Per U.S. Copyright Office Circular 50, you must meet these electronic submission requirements:
- File Formats: Upload a PDF for sheet music or lyrics, or an MP3/WAV file for audio recordings.
- Portal Uploads: Submit all documents through the Electronic Copyright Office (eCO) Portal.
- File Constraints: Keep individual files under the maximum 60MB platform limit.
- Title Matching: Make sure the file names match the exact titles in your application.
- Timeline: Expect standard federal processing time to take anywhere between 3 and 7 months.
- Legal Protection: Under 17 U.S.C. § 410(d), your registration's effective date is the day the Copyright Office receives your completed application, deposit, and fee, not the day it gets approved.
Submit Your Application
Standard applications with no formatting errors typically take 3 to 6 months, though complex files can take 9 months or more. You can track the status of your application in the eCO portal.
However, your legal protection takes effect immediately after submission, meaning you can release your music before the paper certificate arrives.
What Music Copyright Does and Doesn’t Protect
Certain elements like a standard chord progression are shared, meaning no one can “own” them outright. Ownership applies specifically to unique creative expression, such as melodies and lyrics.
What's protected under copyright law:
- Complete songs (the lyrics, melody, and harmony)
- Melodies on their own, such as humming with no words
- Lyrics, even without music
- Instrumental tracks and beats
- Sound recordings
- New versions of existing songs, like a reworked or reorchestrated cover
- Music videos
What's not protected under copyright law:
- Song titles
- Short phrases or hooks
- Chord progressions on their own
- Rhythm patterns and grooves
- Musical ideas that haven't been fixed into any tangible form
- Common scales, keys, and stock production techniques
6 Common Music Copyright Mistakes Musicians Make
Here are the most common mistakes musicians make regarding copyright protection:
- Waiting to register a song until after its release. Statutory damages and attorneys' fees apply only if registration occurs before infringement or within 3 months of release. If someone copies your song before registration, you can still sue once you’ve registered. However, you can only recover actual damages, which are more difficult to prove.
- Not registering your copyright at all. This is the most expensive mistake because you can't legally file an infringement lawsuit without proper registration.
- Submitting the wrong form. For example, mixing up Form PA for compositions and Form SR for sound recordings.
- Not including co-writers in your application. All authors must be listed, as registration serves as the public record of song ownership.
- Not filing as a group when registering multiple songs. Group registration covers up to 10 unpublished works or 20 songs on an album for one fee, rather than individual fees for each song, which can add up quickly.
- Assuming copyright registration collects your royalties. Royalties aren’t collected through the Copyright Office. Instead, they flow through separate registrations, such as PROs, the MLC, and distributors. You have to register with these organizations directly to claim your royalties.
How to Collect Your Music Royalties
Registering your copyright offers legal protection for your songs, but it doesn't handle royalty collection. Different organizations manage royalties, and you have to register with them individually to receive the money you’re owed:
- Join a Performing Rights Organization (PRO). These organizations collect performance royalties from radio, TV, streaming, and live venues.
- Sign up with the Mechanical Licensing Collective (MLC). The MLC collects streaming mechanical royalties in the US. It’s free to register.
- Consider a publishing administrator for full coverage. Companies like Songtrust collect publishing royalties around the world for a commission, usually 10 to 25 percent.
- Register with SoundExchange if you own your masters. SoundExchange collects digital performance royalties for sound recordings, including income from SiriusXM and internet radio.
Frequently Asked Questions About Music Copyright
Here are answers to some of the most commonly asked questions about music copyrights:
What are the benefits of registering your music copyrights?
Registering your copyright allows you to sue for infringement, receive statutory damages and attorneys' fees, and publicly record your ownership. It also gives you access to the Copyright Claims Board, a more affordable small-claims process for disputes under $30,000.
How long do copyrights last for music?
Songs created today are protected by copyright for the songwriter's lifetime plus 70 years after their death. For co-written songs, the 70-year term begins when the last surviving writer dies. After that, the song enters the public domain, meaning anyone can use it.
Does music copyright apply internationally?
Yes, in many cases. The United States has copyright agreements with most countries, so separate registration isn’t necessary in those that recognize them. However, double-check, as protections vary and aren’t universal.
How much of a copyrighted song can someone use?
Using any portion of a copyrighted song can be considered infringement. In other words, there's no legal minimum for how much of a song you can use, even if it’s five seconds. The safest approach is to get permission or a license before using any copyrighted material.
What happens if you don't copyright your songs?
Every song you create is automatically copyrighted once it's written down or recorded, so you'll never lose ownership. However, registering the copyright allows you to take legal action if someone copies or steals your work.
When should you register a new song for copyright?
The sooner, the better. It's typically recommended to register every song before release, or within three months of release at the latest, as that’s the cutoff for claiming statutory damages for infringements that have already occurred.
The Bottom Line
Registering your music copyrights gives you the power to defend your songs. Without registration, you can't sue or claim damages if someone copies or steals your work. Registration proves your ownership, grants you access to federal courts, and qualifies you for statutory damages and attorneys' fees.
Music copyrights are also what generate your royalties, and royalties are an asset in their own right. If you'd rather receive years of royalty income upfront (instead of waiting on quarterly checks from PROs and the MLC), you can sell part of your catalog on Royalty Exchange while keeping ownership of your songs.
