If you’ve composed a piece of music, you need to protect it from being used without your permission and from others taking credit for it. That’s where copyrights come in.
Let’s take a look at the basic steps you need to take to protect your music with a copyright.
1. Fixation
The first step is putting the work in a tangible medium. That can be via sheet music (either on paper or digital file) or a recording in an audio file. This is called “fixation.”
This protects the work by copyright. Note that you can copyright lyrics and melodies of any kind of music, but not titles or unoriginal chord progressions.
2. Get a timestamped copy
Although having the work in a tangible form makes it, by definition, copyrighted, it can be challenging to prove that you wrote it before someone else if another musician records or performs something similar. That’s where timestamping comes in.
As you record various versions of your work, back up all of your sessions, which result in the final copyrightable product; these backups will act as your timestamp. No “poor man’s copyright” will help you prove the originality element. Rather, keep detailed session logs through saved digital records, use file naming conventions (like “BreakfastOverPolka_2025.1.17_v3”), and jot down names of witnesses (e.g., name of the recording engineer or a member of the band, etc.).
3. Register your copyrighted work
For real protection and benefits, you need to register your work with the U.S. Copyright Office. To do this you need to submit an application for registration, along with a copy of the work and the filing fee. There are two separate copyrights for a piece of music. The publishing copyright is for the written composition and the master copyright is for the recording.
While this registration of the copyright isn’t required to sell or perform the music, it’s necessary to take legal action for copyright infringement.
4. Register with a PRO
Assuming you intend to make money from your music, you’ll want to register it with a performing rights organization like ASCAP or BMI. These organizations help ensure that musicians receive royalties when their songs are played or performed by others.
5. Protect your work
It’s critical to ensure that if someone is using your work without authorization and not paying the necessary royalties, you take action. You don’t have to go straight to court. There are interim steps that, if done professionally, can save you the time and expense of a lawsuit.
If you have questions or concerns about any step in the copyright process or need to take action to stop copyright infringement of your music, it’s wise to seek legal guidance from an attorney with an extensive music background. Contact us to schedule a consultation.