So
You Wanna Copyright Your Song?
No. You NEED to Copyright Your Song.
© 1998 Rob Van Slyke
First,
let me just say that nothing in this article is meant to
substitute legal advice. This article is meant to summarize
the endless jargon that exists which one has to sift through
to find out how to copyright a song.
There
are number of reasons why you need to copyright your song,
but the one that matters most will become apparent to you
when you are sitting in a court room trying to prove the
song is yours. You'll also be sitting there an awfully long
time because you must have your work copyrighted before
you can file suit! What's more, you'll only be able to collect
actual damages and profits if your song was not copyrighted
before the damages occurred. Attorney fees and statutory
damages will not be awarded for works that were not registered
with the US Copyright Office before the damages occurred.
But you already knew that didn't you!
Even though your work is copyrighted the moment you write
it, you still need to take measures to protect yourself.
The US Copyright Office states that a copyright is "an incident
of the process of authorship". This is true in all cases
unless you have signed a contract as work-for-hire that
specifically states that your employer will own your creations.
Without a copyright certificate from the US Copyright office,
it is upon you to prove when and if you wrote the song.
You may have heard of the poor man's copyright. No deal.
It doesn't hold water. If you are writing songs for pleasure
or you know you will never show them to anyone, then you
don't need to worry about copyrighting them, but if you
plan on recording them or showing them around, take the
time to copyright your song.
Don't worry about someone infringing on the title of your
song. You can not copyright a title.
The first step in obtaining an official US copyright for
your song is getting the forms from the US Copyright Office.
You may download the forms from the Internet or you can
request that copies be mailed to you. You will need Form
PA for a song and Form SR for sound recordings.
Web site:
If you want to download the forms from the Internet, you
will need Adobe
Acrobat which is a special program to view the forms.
It is not as difficult as it seems to download things, so
if this is your first time to download anything, give it
a shot. It really is simple and it will save you loads of
time. Here are the instructions
on how do download and install Acrobat. It is almost automatic.
Make sure you download Acrobat before you click on the following
download links. They are in PDF format. When you click the
link, you will either be asked by your computer to save
the file (choose your desktop or C:\ so you can find it
later) or your browser will automatically open the PDF file
in your browser.
Short Form PA (for songs): click
here to download now
Form PA with Instructions: click
here to download now
Form SR (for sound recordings): click
here to download now
Form SR with Instructions: click
here to download now
US
Copyright Office Forms for download
Address:
Register of Copyrights
Copyright Office
Library of Congress
101 Independence Avenue S. E.
Washington, DC 20559-6000
Phone: (202) 707-3000
Voice Mail: (202) 707-9100
Once you have completed the form(s) (in black ink by the
way), send it in with the $20 application fee and a copy
of your work. If everything is not exactly as they have
specified, your application will be sent back to you. Your
copyright will be in effect the day the registration office
receives your properly completed application with the fee
and your work and you will receive your certificate of registration
in about 5 months or so.
You will soon be able to register your copyright online
with CORDS
which is a new system the US Copyright Office is testing
for electronic registration of copyrights.
That's basically it. There are always special circumstances
so double check before sending in your application, but
this should get you there. And, as always, don't take my
word for it. This isn't legal advice nor is it the definitive
source for information so read up or call the US Copyright
Office if you have any questions.
For additional information, visit the Copyright
section.
Also see our article for beginning
songwriters. |