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  • Mark A. Skoda

The Importance of Copyrighting Music: An Opinion on Whether Registration is Necessary

The music industry, a vibrant world of creation and passion, thrives on the unique voices of its artists. For many, music is not just an art form, but also a livelihood. It's no wonder then that the protection of one's creations becomes paramount. The question often arises: is it necessary for musicians to register their work with the U.S. government for copyright protection, or is the act of creation and release sufficient? This paper seeks to provide an opinion on this matter.

The Basics of Copyright Law: At the outset, it's essential to understand the foundational elements of copyright law. In the United States, as soon as an original work is fixed in a tangible medium (like recording a song or writing down sheet music), it is automatically copyrighted. This means that the creator has exclusive rights to the work, which includes the rights to reproduce, distribute, perform, and create derivative works from the original.

Automatic vs. Registered Copyright: Releasing music to streaming platforms or any other form of publication does not, in itself, change the automatic copyright protection the music already enjoys. But, while creation grants automatic copyright, there are benefits to registering that copyright with the U.S. Copyright Office:

  1. Proof of Ownership: Registration creates a public record of the copyright, making it easier to prove ownership in any disputes.

  2. Statutory Damages and Attorney's Fees: Should a copyright dispute end up in court, having a registered copyright can allow the musician to claim statutory damages and attorney's fees. Without registration, only actual damages (e.g., lost profits) can be claimed.

  3. Infringement Suit: It's worth noting that in the U.S., copyright registration is a prerequisite for bringing an infringement lawsuit for works of U.S. origin.

The Costs of Copyright Registration:

An important consideration when discussing copyright registration is the associated costs. As of my last training cut-off in 2021, the U.S. Copyright Office charges fees that vary depending on the type of work and the method of registration. For single works by an individual artist, the cost is generally more affordable than for multiple works or works created by multiple authors. Additionally, online registrations typically incur lower fees compared to paper filings. It's worth noting that while these fees might seem like an added expenditure for an emerging artist, they should be viewed as an investment. This investment not only solidifies one's legal rights to their work but also provides potential financial returns in case of litigation. Furthermore, given the potential for substantial statutory damages and attorney's fees in infringement cases, this upfront cost can be minuscule in comparison. As always, musicians are encouraged to consult the U.S. Copyright Office's official website or seek legal advice to understand the most current fees and guidelines related to their specific situation. However, these fees are usually between $45 to $125 for electronic filing.

If Your Work Is Used Unlawfully

It is your right to pursue legal action if your work is used unlawfully, without your permission and not under a statutory exception or limitation like fair use. However, if your work is a U.S. work, you do need to register your work with the Copyright Office before bringing an infringement lawsuit in federal court. Also, if you take someone to court for using your work without your permission, and you want to try to have your attorneys’ fees covered or pursue certain other types of compensation (called statutory damages), the timing of your registration matters.

Generally, copyright lawsuits are decided in federal court. You may also choose the Copyright Claims Board (CCB), a voluntary forum within the Copyright Office to resolve copyright disputes involving damages totaling less than $30,000. It is intended to be a cost-effective and streamlined alternative to federal court. To use the CCB, you also must have filed an application to register your copyright.

Opinion: While the automatic copyright upon creation provides a basic level of protection, it might be seen as the first step in a multi-layered defense strategy. For an artist seriously committed to their craft, especially those who view their music as both art and business, registering with the U.S. Copyright Office offers added protection. It's akin to building a house: while the walls (automatic copyright) provide shelter, the security system (registered copyright) provides an extra layer of protection against potential threats. Furthermore, in a digital age where music is shared, streamed, and potentially pirated across various platforms, copyright disputes are not uncommon. While one might hope never to find themselves in such a dispute, being prepared with a registered copyright can make all the difference.

Conclusion: To summarize, while releasing music on streaming platforms provides a level of exposure and recognition, it does not replace the comprehensive benefits of copyright registration. For those looking to safeguard their musical legacy, a small investment in time and resources to register their copyright can pay off manifold in the face of potential legal challenges. In the vast ocean of the music industry, where navigating rights and protections can be daunting, taking proactive measures to secure one's work can provide both peace of mind and substantial legal advantages.

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Steve Andrews
Steve Andrews
Aug 27, 2023

Thank you for a wonderful article my friend Mr. Mark Skoda!! My only recommendation is that for artists to learn to file the copyright application (form SR) instead of having someone else or legal representation to file the application for you!! They will charge you four to five times as much!!

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