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.

The U.S. Copyright Office has designated the Mechanical Licensing Collective, Inc. (The MLC) to collect and distribute mechanical royalty payments under Title I of the MMA. As of January 1, 2021, songwriters and music publishers must register with The MLC using its online claiming portal to receive royalty payments under the new blanket license.

Title I establishes a blanket licensing system for digital music providers to make and distribute digital phonorecord deliveries (e.g., permanent downloads, limited downloads, or interactive streams).

Any aspiring musician needs to know the basics of music copyright law. Musicians who work hard at their art risk loss of credit to music thieves unless they learn how to protect themselves and their creations.

The moment you create your music is the moment copyright protection begins. Creation occurs when music and/or lyrics are recorded, set to paper, or otherwise "fixed in a tangible form," according to the U.S. Copyright Office.

While the copyright is formed when you create, you need more to go to court to enforce your rights. In order to sue and claim damages, creators must own a copyright registered with the US Copyright Office.

Generally, for published works created after Jan. 1, 1978, copyright extends for 70 years beyond the life of the author. If there is more than one author, the copyright usually extends to 70 years from the death of the last living author.

When musicians create work for corporations or limited liability companies, this is considered "work for hire," and the corporations or limited liability companies are the owners of the copyright for 95 years from its first publication or for 120 years from the year of its creation, whichever expires first. 

For those who want to perform a cover version of a copyrighted song, set rates must be paid to the copyright owner to acquire "mechanical rights" to use the music. The current rates are set by the U.S. Copyright Office, but you may also go through a private, non-profit organization called the Harry Fox Agency, which simplifies the licensing exchange.

You may have heard that you can establish the date of creation for copyright law purposes by mailing yourself a copy of the work and keeping it in a sealed envelope; this is often called "Poor Man's Copyright."

There is broad consensus across the music industry on a number of key points: (1) creators should be fairly compensated; (2) the licensing process should be more efficient; (3) market participants should have access to authoritative data to identify and license sound recordings and musical works; and (4) payment and usage information should be transparently available to rightsholders. But there is less agreement as to how best to move forward.

As a member of the Performing Right Society (PRS) or the Mechanical Copyright Protection Society (MCPS), you give permission for us to protect your rights and collect royalties on your behalf. As a member, you are responsible for registering each work. Registration is not the same as copyrighting your work.

As a PRS member, you transfer your rights to perform or play your work in public. This includes live performance, radio and TV broadcasts, films and adverts, streaming, downloading, ringtones and hold music for phone systems. We can then monitor any kind of music use and collect any due royalties.

In the UK, copyright lasts for a period of 70 years from the end of the calendar year in which the author dies. If the music originates from outside the European Economic Area (EEA), the copyright lasts for as long as the music is protected by copyright in its country of origin, provided that this does not exceed 70 years.

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.

Copyright licensing protects everyone. It honors the artists and publishers who create the best music and video to serve the 250,000 churches (schools and organizations) who use them in worship. CCLI makes creative works available and licensing simple, legal and affordable.

A copyright is a type of intellectual property that gives the creator of an original work, or another owner of the right, the exclusive, legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time.[1][2][3][4][5] The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself.[6][7][8] A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders.[9][10][11][12][13][better source needed] These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution.[14] e24fc04721

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