Under international law, copyright is an automatic right of the creator of a work. This means that as soon as you write a song or make a recording, it is protected by copyright. However, to enforce copyright, you will have to prove your intellectual property. In the United States, that means you must register your song on the US government's copyright website. This will make it much easier to enforce them if your copyright is violated. Read on to learn more about how to protect your song with copyright.
Steps
Method 1 of 3: Register Your Song Online
Step 1. Make a copy of your song
You could make a CD, USB stick, MD, tape recorder, MP3, LP, record it to video, or write the entire score. All of these methods can be used to create a hardcopy recording of your song. As soon as you record it, it will be protected by copyright, at that time you only need to register it.
Step 2. Visit the US government copyright website
Click on "Electronic Copyright Office" where you can register your copyright online. Registering online is simple and only takes about 4 1/2 months to process. This is a shorter process than registering by mail, which takes up to 15 months.
Step 3. Register an account for free
Click on "new user" to open the account. You will need to provide your name, address, country (if not the US), phone number, and preferred contact method.
Once you open an account, you can use it every time you want to make a copyright request. The account allows you to track your requests and find various types of copyright information. It also offers a guide for applying
Step 4. Complete your copyright application online
Click on "Register a new application" under "Copyright Services" located in the left column of your account. Be prepared to answer questions about yourself, the work you want to protect by copyright, and where you would like to receive the copyright certificate.
Step 5. Pay the $ 35 fee
You can pay by credit or debit card, electronic check or in the bank account of the Copyright Office.
Step 6. Upload an electronic copy of your work
Many types of files are accepted, but check the full listing from the Copyright Office to make sure you are not submitting an incompatible file.
If you don't want to send an electronic copy, you can send a paper copy (which will not be returned to you), which should be sent in a box, not an envelope. You can make a mistake with the site's shipping address
Step 7. Wait for the copyright request to be processed
You can log back into your account to check the status of your application at any time.
Method 2 of 3: Register your song by mail
Step 1. Get a CO form
You can download it from the US Copyright Office website or call the office at (202) 707-3000 and request that the forms be sent to you. You can also order the form you need by mail at the U. S. Library of Congress, Copyright Office, Independence Avenue, S. E., Washington, D. C. 20559.
- The SR form is the correct form to complete to register the copyright of a sound recording.
- The PA form, the form for performing arts recordings, includes recordings of live performances.
- The CO form can be used for any type of sound recording or performing arts recording. Since the cost of the PA and SR form is currently $ 65 and the cost of the CO form is $ 45, carefully consider which one best meets your needs. Visit http://www.copyright.gov/forms/ for more information.
Step 2. Complete the form
Read the instructions carefully and complete it as explained. If you have any questions, contact the Copyright Office.
Step 3. Place the requested materials in an envelope
The envelope must include the completed form, the specified payment, and a copy of the song that will not be returned to you.
Step 4. Submit your package to the US Copyright Office
Mail it to the following address: Library of Congress, Copyright Office, Independence Avenue, S. E. Washington, D. C. 20559-6000.
Step 5. Wait for the registration certificate
Be patient as this part of the registration process can take a while. It can take up to 15 months if you registered it by mail, according to the Copyright Office FAQ, and it currently takes an average of about 8 months. The good news is that your copyright is effective from the day the Copyright Office received your materials. You will receive a registration certificate when they arrive.
Method 3 of 3: Know what to avoid
Step 1. Avoid "poor man's copyright."
There is an ancient myth in the music industry that the old-fashioned practice of recording a song, placing it in an envelope, and mailing it to yourself guarantees copyright. The later date on the stamp was supposed to serve as proof of the song's date of origin, as long as the envelope remains sealed. However, this method was not validated in several court cases and has since been discredited. Also, since your copyright has existed since creation and the envelope seal can be carefully broken and resealed, this method seems highly fallible.
Step 2. Take the Berne Convention into account
If your country is a member of the Berne Convention, the copyright in a song takes effect from the moment you create it. This is more complicated when there are many creators who have contributed to the song, but there are rules that apply to these "layers". It is best to seek legal advice in that situation.
The United States Copyright Office is the only one among the member countries of the Berne Convention that offers a method to record the content of the song (lyrics, melody, chord, etc.). Unfortunately in the other countries only the song title is recorded. The value of protection given is significantly reduced
Advice
- Remember that copyright is created and belongs to the creator of an original piece as soon as it is composed in a tangible form.
- Make sure your application is available to others, with much of it accessible online.
- Send your work to the Copyright Office by certified mail and request a return receipt, which costs about $ 5. When you receive the acknowledgment of receipt, you will know that they have received it and that the process has started.
- Are you wondering if your rights are protected only in your country of origin or in the country where you created the work? The good news is that the Berne Convention contains a reciprocity clause. This means that you have been granted the copyright of your work under the laws of the country in which you created it (provided that the country has ratified the Berne Convention), but if the copies of your music end up in another member country of the Berne Convention, you will retain the rights to your music. However, your rights will be governed by the laws of the country in which the violation occurred.
- A safe first step in creating proof of intellectual property (whether in the US, Australia, New Zealand, and European Union countries) is to send yourself a copy of your music in a registered letter. This will help show that you created it first.
Warnings
- Beware of misleading links and commercial copyright companies. If you search online for "US Copyright Office," you may find that it leads you to for-profit companies instead of the government site, and you end up paying unnecessary registration fees!
- The United States assumes that you are a United States citizen. In 1989, the US became a member of the Berne Convention, which means that if you are not from the US, you do not need to register with the Copyright Office before filing a claim in court. U. S. However, you can seek legal advice regarding using the US registration process if you want to stream, listen to, play your music, or otherwise use it in the US market.
- Make sure the music is totally original. Vanilla Ice's rap hit “Ice Ice Baby” copied the bass line from Queen and David Bowie's song “Under Pressure,” for which Vanilla Ice was sued.