updated September 1, 2023 · 3min read
Federal copyright law protects published and unpublished original musical works, including the song lyrics. A music copyright exists as soon as the musical composition has been created in a fixed format; i.e. sheet music or an audio recording. An idea for a song or melody cannot be copyrighted. The copyright laws for music extend copyright owners legal protections when copyrighting music. The process for how to copyright music is straightforward.
Note: Band names, song titles and short phrases cannot be copyrighted.
Rights of copyright owners
Why should I copyright my music? Music copyrights give the copyright owner a number of rights to their copyrighted music, including:
Copyright registration
While copyright owners don’t have to register their copyright with the U.S. Copyright Office, it gives them additional legal protections, which include:
If someone infringes on the music copyright, the damages the copyright owner can recover is based on when you registered the copyright.
Registration procedures
To copyright music, the copyright owner must submit the following to the copyright office:
The effective date of registration is the date the U.S. Copyright Office receives your completed application materials. If you apply online, you’ll receive an email confirmation that your application was received; if you submit a paper application, you’ll receive a letter if further information is needed or if the application has been rejected or a certificate of registration.
Length of copyright
Limitations on copyright
The “fair use” doctrine permits limited use of copyrighted material without infringing on the copyright holder’s rights. Examples include: comment or criticism, educational uses, news reporting and parody.
Copyright protects original musical works in a fixed format and gives copyright holders certain exclusive rights to their work. While copyright holders don’t have to register their work with the U.S. Copyright Office, doing so affords them legal protections against infringement of their copyright.
LegalZoom will help you file the paperwork you need to register a copyright. Start by answering a few questions about your music online, and we’ll check your answers for consistency and completeness. Then, we assemble and file the paperwork with the Copyright Office. Have questions about your copyright? Legal help is here—our legal plans let you speak with an attorney about your copyright for an affordable price.
by Roberta Codemo
Roberta Codemo is a former paralegal. Her areas of specialty include probate and estate law.
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