Our entertainment lawyer, John Seay, explains how to copyright your new music without a lawyer (and how to save yourself some money.)
ALSO – check out our Music Rookie Podcast interview with John: Do you really need an Entertainment Lawyer?
Whenever a client asks me to submit copyright registration for them, I always answer, “I’m happy to do it for you, but if you’re looking to save money, this is something you can do yourself if you figure out the application yourself.”
The cost of filing a copyright application is between $45 and $85 if you file online. You’d spend at least another $100 paying someone to do the registration for you. That may make sense if you value your time accordingly, but it’s most likely a waste of limited resources. The application isn’t difficult. However, it can be intimidating to get started without a little guidance. The purpose of this step-by-step guide, replete with screenshots, is to provide a whole lot of guidance.
So, what does it mean to copyright something? Thanks to the Copyright Act of 1976, your “original works of authorship,” i.e., songs, photographs, etc., are protected by copyright law the second they’re “fixed in any tangible medium or expression,” i.e., recorded, written down, etc. There’s technically nothing else you have to do to copyright your works. Something you should consider doing is registering that copyright with the Copyright Office.
Why register? First of all, registration creates presumption of ownership and validity. It allows you to sue for certain types of unauthorized uses of your work. If your work is registered when infringement occurs, you may be entitled to statutory damages and attorney’s fees, the latter a gamechanger when enforcing copyright.
Assuming you’re on board, go to the Copyright Office website, and let’s begin.
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