Here are three copyright questions I get asked a lot…
Q: Should all my songs be copyrighted?
A: Before you start pitching your song to publishers, film & TV music supervisors or music libraries, before you enter it in a contest, or otherwise spread it around the industry, I definitely recommend copyrighting your songs or lyrics with the Library of Congress. Their online e-filing system makes it easy. You’ll also find a printable form, FAQ, and helpful instructions at the Copyright Office website. There’s a fee for each form you file – whether it’s online or via mail – BUT you can register groups of lyrics or songs on a single form. Do that!
It’s cheaper to use the e-filing service than the mail-in forms. Just click on “Electronic Copyright office” at http://www.copyright.gov/ and follow the instructions.
Q: What about the “Poor Man’s Copyright” – sending the song to myself via registered mail? I’ve heard that’s just as good as a copyright.
A: Every attorney I have asked about this has said that sending your song to yourself in a registered letter is not going to help you if you have to go to court to enforce your copyright claim. This is the important thing to remember. Sending the song to yourself via registered mail doesn’t have the legal weight of a filing with the Copyright Office. If someone steals your song, legally there’s nothing you can do.
Q: If I rewrite my song do I need to register it again?
A: If you rewrite an entire verse lyric or change the chorus melody substantially and you have already copyrighted the song as an unpublished work, you can wait until you have a finished recording that’s going to be sold to the public and register the work as a published work. The changes will be protected under this filing.
Remember, if you paid for the sound recording of the song and you own it, then you can copyright the sound recording and the song at the same time as long as both copyrights are being claimed by the same person or persons. If you’ve made changes to the song, these will be protected.
by Robin Frederick