Q. Why is it so important to register a copyright? Don't I automatically have a copyright?
A. Copyright is a fascinating area of copyright law; while registration is available, the author of a creative work of intellectual property automatically holds the copyright to that work, simply by having created it. (Eligible works are "original works of authorship" that have been "fixed in a tangible form of expression"; the work must have some amount of creativity -- it cannot be simply a copy of something else -- and must physically or digitally exist -- it cannot be an idea.) Because of this, if you write a song, you are automatically the copyright owner of that song.
So why register? According to the US Copyright Office: Even though registration is not a requirement for
protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among those advantages: Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
The bottom line is that if someone steals your music, and you want to exercise your right as a copyright holder, you'll need that official registration. (Don't worry; it only costs $35.)
Q. If I wrote the lyrics, but my writing partner wrote the music, who will own the copyright after we register?
A. The official owner could be you, your writing partner, or both of you -- or even a third party, if you wish.
Copyright registration involves a few different sections; one of these sections deals with authors, and the next section deals with owners. You can indicate that you wrote the lyrics and your partner wrote the music; then, in the next section, you can indicate that one or both of you are to be given ownership credits based on the fact that you're both authors.
Q. What if we want to list the copyright registration under our band name instead of the individual band members' names?
A. Not a problem! Copyrights can be owned by individuals, or by organizations.
If you've listed the band as the author, you can list the band name as the owner as well, by virtue of being the author. If, however, you've listed the individual band members as authors but you wish to list the band (or any other third party not listed as an author) as the owner, you'll need to indicate that you have written agreement by all parties.
Q. I'm in a cover band. Can we release an album that includes previously copyrighted material by someone else?
A. If you can obtain permission from the copyright holder, certainly; any cover song would be considered a derivative work (a work directly based on a previously existing work), and one of the exclusive rights of the copyright holder is the right to prepare derivative works.
Note: contrary to popular belief, adding a disclaimer that says "no copyright infringement intended" or an attribution showing the proper copyright owner does not make your use legal, nor does distributing your music for free. Copyright law states that the copyright owner has the exclusive right to distribute or display the copyrighted material, regardless of whether or not you put your own name on it or collect any money for it. If you do not have permission for a derivative work, include the material on your album at your own peril.
Q. I don't know how to find the copyright owner of a cover song I want to use. How do I contact them?
A. First off, every copyright registration has an optional section for public contact information. The US Copyright Office's database contains this contact information, if it was provided.
Another good place to look would be the musician's website; there may be a "copyright contact" email address provided for just these inquiries.
Barring these solutions, most commercial musicians belong to one of the three main performing rights organizations: BMI, ASCAP, and SESAC; the performing rights organization itself will handle copyright licensing requests. (Prepare to be asked for a fee to use the material!)
Q. Where do I go to copyright my music?
A. Your registration should be filed with the US Copyright Office. To that effect, you can either work with an intellectual property attorney, a third-party filing service, or the Copyright Office directly. As copyright registrations are valid from the date on which the Copyright Office receives your work, registration fee, and correct application, it's important to make sure your registration is free from errors.
(If the Copyright Office does have a question about your work, they will contact you via email; make sure you're checking your spam and junkmail!)
SOURCES:
- US Copyright Office, "Copyright Basics"
- US Copyright Office, "Search Copyright Database"
- Broadcast Music, Inc., "About BMI"
- The American Society of Composers, Authors and Publishers, "About Us"
- SESAC, "Our History"
Sarah Kolb - Business incorporation and copyright registration specialist. Freelance book editor. Senior content editor/writer.
