How to Copyright a Sound Recording

What is a sound recording copyright?

A sound recording copyright, also called audio recording copyright, protects recorded musical work, spoken words, or other sounds that do not accompany an audiovisual work. Sound recording copyright examples include the following:

• Recorded songs by performing artists
• Podcast episodes
• Sound effects or “sound marks” (NBC's three chimes are copyrighted)
• Jingles or audio branding

A sound recording is distinct from the material recorded in it, which may sound confusing, but consider that a song is often made up of a musical composition as well as lyrics, and then it is recorded. All of those components of a song are copyrightable separately. 

For example, if you write a song and someone else records it, you still own the composition copyright even though they may own the sound recording copyright for their specific performance. There is also phonographic copyright, which protects the recorded sounds, not the underlying work such as musical composition or lyrics.

To copyright an audio recording, it must be the original work of the author, artist, or artists, and show creativity. It must also be fixed in a tangible form that can be perceived, reproduced, or communicated. 

Recording your song on any device, writing down the lyrics, or creating sheet music all satisfy the fixation requirement. In 2025, digital fixation is just as valid as traditional methods, so saving your work as an MP3, uploading it to cloud storage, or even posting it on social media can establish fixation.

Rights granted by sound recording copyright

Once you have registered your copyright, you may not only continue to determine what can be done with the sound recording but also seek relief from a court if it is used without your permission. As a sound recording copyright owner, artists have exclusive rights to:

• Make copies of the recording that directly or indirectly capture the actual sounds on the recording.
• Sell or distribute copies or phonorecords of the recording.
• Prepare derivative works in which the actual sounds on the recording are rearranged, remixed, or in some way altered in sequence or quality.
• Perform the work publicly by digital audio transmission.

What doesn't qualify for copyright protection

Certain elements of sound recording cannot be copyrighted, regardless of how creative they might seem. Individual musical notes, basic scales, simple chord progressions, and common rhythmic patterns are in the public domain. Song titles typically cannot be copyrighted either, though they might qualify for trademark protection. Notably, there are also no rights in a voice, no matter how unique you believe it is.

Ideas, concepts, or general themes for songs also don't qualify for copyright protection—only the specific expression of those ideas in a fixed form can be copyrighted. For example, you can't copyright the idea of writing a love song, but you can copyright your specific lyrics and melody that express that theme.

How to copyright a sound recording: Step-by-step guide

Your sound recording receives automatic copyright protection the moment you create it in a tangible form—whether that's writing lyrics on paper, recording a melody on your phone, or laying down tracks in a studio. However, if you want to enforce those exclusive rights in court, you must register your copyright with the U.S. Copyright Office. Registration creates a public record of your copyright claim and provides legal advantages that can be crucial if someone infringes on your work.

Determine what you’re copyrighting

When applying, you must be sure to select the correct type of copyright—sound recording, composition, or both. If you wrote the song and recorded it yourself, you may want to register both copyrights to ensure complete protection. However, if you only wrote the song or only recorded someone else's composition, you'll register just the relevant copyright.

You must also choose whether the work has been published or is unpublished. A work is published when it is available to the public and you authorized this availability with the intention that it would be shared and distributed. Simply posting on social media or streaming platforms typically constitutes publication in the eyes of music copyright law.

Complete the official application

Access the U.S. Copyright Office's online registration system, which provides step-by-step guidance and immediate confirmation of your submission. Create an account if you don't already have one, then choose the appropriate application form based on what you're registering. The online forms include helpful explanations and examples to guide you through each section.

Complete all required fields accurately, including the title of your work, authorship information, creation and publication dates, and ownership details. Double-check all information before submitting, as errors can delay processing or require additional fees to correct.

Pay the filing fee

As of 2025, online copyright registration fees range from $45 for a single work by a single author to $65 for standard applications. Fees are non-refundable, so ensure your application is complete and accurate before submitting payment.

Keep records of your payment and confirmation numbers for your audio files. These will help you track your application and serve as proof of your filing date, which can be important for establishing priority in copyright disputes.

Submit your work

Upload digital copies of your work: For unpublished works, you typically need to submit one complete copy. For published works, there may be different rules depending on the type of publication and format. Check with the Copyright Office for your requirements.

Ensure your digital files are properly labeled and match the information in your application. For sound recordings, submit the best available version of your recording. This doesn't need to be a final mastered version—demos, rough mixes, and work-in-progress recordings are all acceptable as long as they represent your creative work.

Receive confirmation and certificate

After submitting your application, you'll receive an immediate confirmation with a case number that allows you to track your application's progress online. The Copyright Office will review your application and contact you if any additional information or corrections are needed.

Once approved, you'll receive an official certificate of registration that serves as legal proof of your copyright. However, your copyright protection begins on the date you submit your application, not when you receive the certificate. This means you can begin enforcing your rights immediately after filing, though having the certificate makes legal action much easier and more effective.

How much does it cost to copyright an audio recording?

As of 2025, the U.S. Copyright Office charges $45 for online registration of a single work by a single author or $65 for multiple authors or when registering multiple works together. Paper applications cost significantly more, with fees starting at $125, and they take much longer to process: 6–12 months compared to 3–6 months for online applications. Expedited processing is available for an additional $800 fee, which reduces processing time to approximately 5-15 business days.

Many musicians choose to use legal services or online platforms to simplify the process. LegalZoom offers copyright registration services that include professional review of your application, electronic filing, and confirmation.

How to protect your sound copyright

Sound copyright infringement can range from obvious cases like unauthorized commercial use to more complex situations involving sampling, covers, or fair use claims.

1. Start by monitoring unauthorized uses of your sound recording. Set up Google alerts for your song titles and artist name, regularly search streaming platforms and social media, and consider using automated monitoring services.
2. Document any unauthorized uses with screenshots, URLs, and time stamps to create a clear record of the infringement.
3. Analyze whether potential infringement actually violates your copyright or might fall under fair use or other exceptions. Consider factors like the purpose of the use, the amount of your work used, the commercial nature of the use, and its effect on the market for your original work.
4. Gather evidence of your ownership, including your copyright registration certificate, creation records, and any documentation showing the timeline of your work's creation and publication. Contact the infringer directly to explain your copyright ownership and request that they stop using your work or obtain proper licensing. Many people are unaware of copyright requirements and will comply voluntarily.
5. If direct communication fails, send a formal cease and desist letter that clearly identifies your copyrighted work, describes the infringing activity, and demands that the infringement stop within a specific timeframe.
6. For online infringement, use the Digital Millennium Copyright Act (DMCA) takedown process to request removal of infringing content from websites and platforms.
7. Consider consulting with an intellectual property attorney when dealing with significant commercial infringement, repeat offenders, sampling disputes, international infringement, or cases involving significant financial damages.

Sound recording copyright FAQs

Is my sound recording automatically copyrighted when I create it?

Yes, your sound recording receives automatic copyright protection the moment you create it in a fixed, tangible form. This means that as soon as you write down lyrics, record a melody, or capture your song in any permanent way, you own the copyright to that work. However, while automatic copyright provides basic protection, it doesn't give you all the legal advantages that come with formal registration through the U.S. Copyright Office.

Do I need to register every song I write?

You don't legally need to register every song, but registration provides significant advantages for enforcement and monetization. Many songwriters prioritize registration for their most commercially viable works or songs they plan to release publicly.

Consider registering songs before you publish or distribute them widely, as this timing provides the strongest legal protection. You can also register multiple unpublished works together in some cases, which can help manage costs while maintaining protection for your catalog.

Can I copyright lyrics without music?

Yes, lyrics alone can be copyrighted as literary works if they demonstrate sufficient creativity and originality. Song lyrics are considered a form of poetry and qualify for copyright protection even without accompanying music. However, simple phrases, titles, or common expressions typically don't meet the creativity threshold required for copyright protection.

What's the difference between copyrighting a composition and a sound recording?

A composition copyright protects the underlying song—the melody, harmony, rhythm, and lyrics that make up the musical work. A sound recording copyright protects the specific recorded performance of a song, including the arrangement, production, and the particular way it was performed and captured. These are separate copyrights that can be owned by different parties.

How long does a copyright last on a song?

The copyright length for music is typically the life of the author plus 70 years. If the work has multiple authors, copyright protection lasts for 70 years after the death of the last surviving author. For works made for hire or anonymous works, the music copyright duration is 95 years from first publication or 120 years from creation, whichever is shorter.

Can I use samples from other songs in my music?

Using samples from other copyrighted songs requires permission from both the composition copyright holder (usually the songwriter or publisher) and the sound recording copyright holder (usually the artist or record label). Even short samples can constitute copyright infringement if used without proper licensing.

Can AI-generated sound recording be copyrighted?

Current U.S. copyright law requires human authorship for copyright protection, which means a purely AI-generated sound recording cannot be copyrighted. However, if you use AI as a tool in your creative process while providing substantial human creative input, the resulting work may qualify for copyright protection. Document your creative process carefully if you use AI tools, as this may become important for establishing human authorship.

How do I add a copyright notice to my music?

The proper format for a copyright notice is © [Year] [Copyright Owner Name]. For example: © 2025 Jane Smith. Place this notice on your recordings, sheet music, and any materials where your sound recording appears. For digital releases, include copyright information in metadata, liner notes, and platform descriptions.

Is my sound recording protected internationally?

Yes, thanks to international copyright treaties like the Berne Convention, your U.S. copyright registration provides protection in most countries worldwide. However, enforcement procedures and remedies vary by country, and some nations may have different requirements or limitations. For significant international commercial activity, consider consulting with attorneys who specialize in international copyright law.

Register your sound recording copyright with LegalZoom

Ready to protect your musical creations with professional copyright registration? LegalZoom's experienced team can guide you through the entire copyright process, ensuring your sound recording receives the strongest possible legal protection. From completing your application to understanding your exclusive rights as a copyright holder, we make copyright registration simple and affordable so you can focus on what you do best—creating music. Register your copyright today and take the first step toward securing your audio legacy.

Michelle Kaminsky, J.D., contributed to this article.