After having composed, recorded, mixed and mastered our music… it’s time to release it for everyone to hear.But at that moment, We have a question… am I protected by copyright? Many people on this blog have asked this question and that is why I decided to write a special article for it: “How to protect my music with copyright”. Clarification: I am not lawyer. I am a musician and producer, so… the information I am going to provide is to guide you in these matters. However, I am going to cite different laws so that you can have backup and peace of mind regarding copyright.
When does copyright occur?
The first thing to understand is the exact moment in which copyright occurs. From the United States Copyright Office they tell us:
“Your work is protected by copyright at the time it is created and fixed in a tangible form so that it is perceptible, either directly or with the aid of a machine or device.”
U.S. Copyright Office
That is to say… the moment you have your song in a “tangible” form, which can be understood as referring to a recording… you are already the owner of the copyright. It also refers to “help of machines and devices”. ”, because I think I understand that much of today’s music is not recorded, but rather created with MIDI (VST plugins and so on).
Mystery Solved No. 1: You own the copyright without registering your song. By having it in a tangible way, as if it were an audio file, you are already the owner.
But, copyright does not protect an “idea”. If you simply have a good idea to make a song, but you haven’t done it in a tangible way… you clearly don’t own it. It should be noted that… this is the law of the United States, but most countries I have seen agree with this rule.
So what is the point of registering your song?
However, all countries have copyright registration offices for authors to submit their songs.
What is this for if we are already the copyright owner?
From the same copyright office they clarify:
“In general, registration is voluntary. Copyright exists from the moment the work is created. However, you will need to register if you want to sue for infringement of a U.S. work.”
U.S. Copyright Office
So… this is self-explanatory, registration is optional, but it has certain benefits. In case of any eventuality, if you have your work registered in your country, then there is a database to look at. I understand as an evidence or certificate that you are the owner of the copyright. Again, this is the law of the United States, but surely if you look at the law of your country it will be very very similar. I believe that no country requires the registration of works. Mystery solved No. 2: Registration is optional, but it serves as a certificate in the event of any problem.
Where to register the songs?
In each country there is an office where you can send your songs. Most countries charge a fee for this. For each country, the listed location is:
- Spain: In the Ministry of Culture and Sports, section “Registration of Intellectual Property”.
- Mexico: From Indautor. From the Mexican government page you also find a way to do it virtually through Indautor.
- United States: U.S Copyright Office.
- Colombia: From the National Directorate of Copyright (Registration of Works section).
- Argentina: Information on the Argentina page, but it is done through the TAD.
If your country is not on this list, you can search on Google for “Registration of musical works in..” and you will find information about it. Also in these portals you will find information about the particular laws of your country. On the other hand, As you probably already know, there are many digital music distributors, some of which even promise to protect with copyright. The truth is, I don’t know if that will really be the case. Distributors are responsible for sending music to digital platforms and collecting royalties. They surely do not do this procedure.
To register or not to register?
When in doubt about whether or not to register your song, I would tell you to analyze the situation you are in. If you are just starting out and you have some songs, but you don’t have a large enough audience yet, I would say that Focus more on continuing to compose and produce than on recording. In many countries, registration requires some procedures that take a long time and can make you lose focus on what really matters… producing and growing your audience. I think this happens with everything… many times we focus a lot on the technical part and lose sight of the objective we had. On the other hand, if you are already quite established and have several albums or EPs, then… you might consider making the record. But hey, these are just tips from my point of view to improve effectiveness.
Summary: How to Protect my Copyrighted Music?
So, how do I protect my music with copyright?
Well… simply creating music. The moment you produce a recording or a finished format of your song, you become the owner of the copyright. Because, you have created that work. To have a backup as a certificate For that work, you can also register the work in your country. But still, it is not mandatory. So, if you have any other questions, you can leave it in the comments and I will try to solve it, or maybe another user will also help you.