When you record a song, you may be creating two works that are protected by copyright: a musical work and a sound recording. A sound recording and the music, lyrics, words, or other content included in the recording are separate copyright-protected works. These works are subject to different rules and are commonly owned and licensed separately.

Although your work is protected by copyright from the moment it is fixed, you can register your work with the U.S. Copyright Office for additional benefits, including for U.S. works, access to federal courts in the case of infringement. Registering your work also makes a public record of your ownership. Applying for registration with the U.S. Copyright Office requires an application, a filing fee, and a copy of the work. Depending on the type of work, there are several different online application options, including the following:


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In addition to registering your sound recordings and musical works with the Copyright Office, you may want to consider submitting a trademark application for your band name with the U.S. Patent and Trademark Office.

Generally, copyright lawsuits are decided in federal court. You may also choose the Copyright Claims Board (CCB), a voluntary forum within the Copyright Office to resolve copyright disputes involving damages totaling less than $30,000. It is intended to be a cost-effective and streamlined alternative to federal court. To use the CCB, you also must have filed an application to register your copyright. You can read more about the CCB here.

Technically, some copyright protection exists from this point on. Still, you'll likely want to establish your copyright in a more formal way to reinforce your ownership and enhance your protections over the music.

If you don't register an official copyright for your music, it can be difficult to assert your rights in a copyright infringement claim. And as a musician with a registered copyright for your work, you have a lot of exclusive rights, including:

A copyright is about more than preventing someone else from copying your work. Securing a copyright for your music means that if someone else wants to record and distribute your music, sample it, or perform it, that person needs your permission. When musicians don't secure a copyright for their music, they can close themselves off to potential revenue streams from other people wanting to perform or use their work.

Misconceptions abound about what can and can't be registered for copyright protection when it comes to music. It's sometimes difficult to separate the elements of music from each other. Here are some guidelines.

I'm just wondering if you turn off the copyright music when youre at the maze, does TAKE CONTROL song disappear and theres justt nothing playing in the background? Would be a real bummer for streamers.

I honestly cannot find any non copyright music that isn't either: actually copyrighted and you can't even use it. Or just sounds WAY too overdone and wouldn't fit any type of commentary video. I'm looking for some calm music that plays in the background that youtubers like finzar, Jshlatt, Isaacwhy and youtubers like them use. The problem is they don't put the music they use in their descriptions so I have no clue where to look for music (And please don't tell me to use the youtube audio library it barely has any music for commentary videos)

If you wrote a song by yourself, you alone own that composition. If you wrote a song with one or more people, you each own a portion of that song. You and your collaborators would then want to draft a document determining the splits (the percentage of the song each person owns), and register your copyright accordingly.

In the strictest technical terms, you own your musical copyright the moment you capture the composition or recording in a fixed medium. This could be something as simple as writing the melody or lyrics on a piece of paper or humming into a recorder.

According to copyright.gov, you can use ONE form (SR) to register both the sound recording AND composition, as long as the author and owner are exactly the same for all songs listed on the application and the release information is the same.

Form SR must also be used if you wish to make one registration for both the sound recording and the underlying work (the musical composition, dramatic, or literary work). You may make a single registration only if the copyright author and claimant is the same for both the sound recording and the underlying work.

In the U.S. we have the Harry Fox Agency; but almost every country has a similar agency to collect mechanical royalties. The U.S. is unique in that mechanicals from downloads are bundled in with the revenue from the sound recording. So those will be paid to you through your music distributor. This does not apply to interactive streams though; in every country, mechanical royalties generated by interactive streaming are paid to collection societies.

The second type of exploitation of your recording or composition happens when someone uses it in other media such as a movie or TV show. This is called sync licensing, since your music is synchronized with the visual medium. 

Much like the case with sampling, the music supervisor with the production company who is seeking to use your song must contact the rights holder or license the song from a music library if you chose to add your song to one. If they contact you for this you can negotiate a fee with them. As in the case with clearing a sample, if you hold the rights to both the composition and the recording you can grant permission for both in one agreement, which is appealing to music supervisors who need to move fast to secure songs on a tight production schedule. If your music is included in a music library, that agency can negotiate the terms of the license on your behalf.

The upfront placement fee is one type of revenue generated from a sync deal. After that placement is secured and the show or movie is aired, you are owed performance royalties each time your song is played in that medium, provided the music supervisor files the cue sheets.

If the third-party content remains in your stream, your live stream will be temporarily interrupted or terminated. Your stream can also be terminated if you get a copyright or Community Guidelines strike.

Senator Hatch, Senator Leahy, and distinguished members of the Subcommittee, I appreciate the opportunity to appear before you to testify on the need to reform section 115 of the Copyright Act and possible ways to accomplish it. Section 115 governs the compulsory licensing of the reproduction and distribution rights for nondramatic musical works by means of physical phonorecords and digital phonorecord deliveries. This compulsory license has been in effect for 96 years. However, the means to provide music to the public have changed radically in the last decade, necessitating changes in the law to protect the rights of copyright owners while at the same time meeting the needs of the users in a digital world. The present language of section 115 is outdated, particularly as applied to the online environment. Reform is necessary not only to promote the availability of a wide variety of music to the listening public, but also to assist in the music industry's continuing fight against piracy.

Most TikTok users prefer videos that contain original music and sound. And, users are much more likely to enjoy and remember videos that feature a song they like. Clearly, choosing the right music is a pretty big deal for brands and monetized content creators who want to be successful on TikTok.


Serious creators and commercial users who want to incorporate high-quality music into their videos should consider licensing their own music to use in Tik Tok videos. Licensing a song allows you to use copyrighted music safely and legally, without risking copyright infringement.


When you upload music and videos to TikTok, you are considered the owner of that content, even after it is published. That means you are legally responsible for any harm that it may cause, including copyright infringement.


Catch up on the history of the issue with this 2011 report from the Copyright Office on pre-1972 sound recordings. See also the National Recording Preservation Plan and other reports from the Library of Congress, as well as a report published by the Council on Library and Information Resources (CLIR) on sound recording copyright issues.

It sure sounds like 2 things happened: 1) There were some states where items pre-1972 may have been in the public domain. This law puts them back in private hands, stealing from the public.

2) They snuck in extra time, from 5-15 years, on top of the ridiculously long existing 95 year period, for music recordings, for works between 1917 and 1972.

I recently ran afoul of these new laws. I thought I had done my research and I downloaded some recordings of Beethoven that were made in 1968 in New York. Previously the New York Appeals Court ruled that pre-1972 that there was no right of pre-1972 copyright holders in New York for public performances.

Quail has been practicing music law since 1990. He currently advises leading electronic musicians Richie Hawtin, Dubfire, Art Department, John Acquaviva, Matador, Pleasurekraft, Mathew Jonson and Shaun Frank. Quail also sits on the executive and advisory board for the Association for Electronic Music and hosts the successful The Music Law Podcast.

Just like the type of property that you can hold in your hand, the concept of copyright permits you to sell your music, give others permission to use your music or restrict others from exploiting your intellectual property without your permission.

The most common ways to earn money from the use of your copyrights is in the form of streaming royalties, downloaded files, appearances of the record as part of a movie or in a video game and performances on radio or at a live concert.

These entities collect money from all parties who use music like radio stations, online music streaming services, digital download retailers, movie theatres, restaurants and disperse that money to the copyright owners. ff782bc1db

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