Music Copyright 101: Everything You Need to Know
Your Intellectual Property
In the digital age, your songs are more than just art—they are assets. Understanding copyright is the key to ensuring you are paid fairly and that your work isn't used without your permission. If you're building a career in music, you need to understand the legal foundation of the industry. Let's demystify it together.
What is a Copyright?
Technically, you own the copyright the moment your song is "fixed in a tangible medium." This means as soon as you record it into your DAW or write it down on paper, it's yours. You don't need to register it to own it, but registration provides a public record and much stronger legal protection if someone steals your work.
The Two Types of Music Copyright
As we discussed in our guide on Songtrust and Royalties, every song has two distinct copyrights:
- PA Copyright (Performing Arts): Protects the composition (melody, lyrics, song structure). This belongs to the songwriters and publishers.
- SR Copyright (Sound Recording): Protects the specific audio recording (the "master"). This usually belongs to the record label or the independent artist who funded the recording.
The Myth of "Poor Man's Copyright"
You may have heard that mailing a copy of your song to yourself in a sealed envelope is enough protection. This is a myth. While it might provide a date stamp, it is not a substitute for official registration and is rarely useful in a actual court of law. If your music is generating revenue, use your country's official Copyright Office.
Samples and Clearance
If you use a loop or a direct sample from someone else's song, you are using their copyright. You must get permission (clearance) before releasing the song.
- Using 2 seconds of a song without permission is still copyright infringement.
- Distributors like DistroKid will generally takedown your music if a copyright holder makes a claim.
- Royalty-free samples (from Splice, etc.) are legal because the clearance is built into the purchase.
How to Protect Your Music
- Document everything: Keep your project files, initial voice memos, and lyrics drafts.
- Register with a PRO: Sign up with BMI or ASCAP to establish a public record of your songwriting.
- Use a Publishing Admin: Services like Songtrust help register your works with collection societies globally.
- Register with the Copyright Office: For your "hit" songs or full albums, official registration is the only way to seek statutory damages in court.
Final Thoughts
Copyright isn't about being "greedy"—it's about protecting your hard work. It ensures you have the right to decide how your music is used and that you are compensated for it. Take the time to set up your business correctly from day one, and you'll have peace of mind as your music career grows. Now go make some more hits!