How to Copyright a Song

Last Updated: March 7, 2023 References Approved

Under international law, copyright is the automatic right of the creator of a work. This means that as soon as you write down a song or make a recording, it's copyrighted. In order to enforce the copyright, though, you'll need to be able to prove your ownership. In the US, that means you need to register your song with the U.S. government's copyright website. This will make it much easier to assert your rights if your copyright is infringed. Read on to learn more about how to protect your song with a copyright.

Method 1

Method 1 of 3:

Registering Your Song Online

1
Make a copy of your song. You could make a CD, USB drive, mini-disc, cassette tape, MP3, LP, record it on video, or write out the sheet music. All of these methods may be used to create a hard copy recording of your song. As soon as it's recorded, it's copyrighted - now you just need to have it registered.
2
Go to the US government's copyright website. Click on the Electronic Copyright Office, where you can make an online copyright filing. Registering online is simple, and it will take about 4.5 months to be processed. This is a much shorter process than registering by mail, which can take up to 15 months. ^{[1]
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Trustworthy Source
United States Copyright Office
Part of the Library of Congress, responsible for maintaining copyright records
Go to source}

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3
Register a free account. Click on "new user" to open your account. You'll need to give your name, address, country (if not from the USA), phone details, and preferred contact method.
- Once you have an account opened, you can use this every time you'd like to make a copyright application. The account allows you to monitor your applications and to find various types of information concerning copyright. There is also a tutorial on making a claim provided.
4
Complete your online copyright application. Click on "Register a New Claim" under "Copyright Services," located in the left-hand column of your account. Be prepared to answer questions about yourself, the work you're seeking to copyright and where you'd like the copyright certification to be sent.
5
Pay the $35 fee. You can pay via either credit or debit card, electronic check, or a copyright office deposit account.
6
Upload an electronic copy of your work. Many types of files are accepted, but check the Copyright Office's complete list to ensure that you're not sending in an incompatible file.^{[2]
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Trustworthy Source
United States Copyright Office
Part of the Library of Congress, responsible for maintaining copyright records
Go to source}
- If you prefer not to send an electronic copy, you can send a hard copy (non-returnable) and it has to be sent in a box, not an envelope. You can make a shipping address slip from the site.
7
Wait for your copyright application to be processed. You can log back into your account to check the status of your claim at any time.^{[3]
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Trustworthy Source
United States Copyright Office
Part of the Library of Congress, responsible for maintaining copyright records
Go to source}

Method 2

Method 2 of 3:

Registering Your Song by Mail

1
Obtain form CO.^{[4]
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Trustworthy Source
United States Copyright Office
Part of the Library of Congress, responsible for maintaining copyright records
Go to source} You can either download it from the US Copyright Office website or call the office at (202) 707-3000 and request that the forms be sent to you. You may also request the form you need by mail at US Library of Congress, Copyright Office, Independence Avenue, S.E., Washington, D.C. 20559.
- Form SR is the right form to fill out to register a copyright for sound recordings.
- Form PA, the form for performing arts recordings covers recordings of live performances.
- Form CO may be used for any type of sound recording or performing arts recording.^{[5]
  X
  Trustworthy Source
  United States Copyright Office
  Part of the Library of Congress, responsible for maintaining copyright records
  Go to source} Since the fee for forms PA and SR is currently $65 and the fee for form CO is $45, consider carefully which meets your needs most. Visit http://www.copyright.gov/forms/ for more information.
2
Fill out the form. Read the instructions carefully and fill it out exactly how it is explained. If you have any questions, contact the Copyright Office.
3
Place required materials into a Package. The Package should include the filled out form, the specified payment, and a non-returnable copy of the song.
4
Send your package to the US Copyright office. Mail it to the following address: Library of Congress, Copyright Office, Independence Avenue, S.E. Washington, D.C. 20559-6000.
5
Wait for the certificate of registration. Have patience because this part of the registration process can take a while. It can take up to 15 months if you've filed by mail, according to the Copyright Office FAQ, and averages around 8 months currently. The good news is that your copyright is effective from the day that your materials are received by the Copyright Office. You'll receive a certificate of registration when it does arrive.

Method 3

Method 3 of 3:

Knowing What to Avoid

1
Avoid poor man's copyright. There is a long-standing myth in the music industry that the old-fashioned fix of recording a song, placing it in an envelope and mailing it to oneself guaranteed copyright. The post date on the stamp was supposed to serve as proof of the date of origin of the song, provided the envelope remained sealed. However, this method didn't stand up in various court cases and has since been discredited.^{[6]
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Research source} Moreover, given that your copyright exists on creation, and that an envelope's seal can be carefully unsealed and resealed, this method does seem rather fallible.
2
Be aware of the Berne Convention. If your country is a member of the Berne Convention, copyright in a song comes into existence when you create it. It does become more complicated when there are several creators who have contributed to the song, but there are rules governing these "layers." It's best to seek legal advice in that situation.
- The U.S. copyright office is the only one among the Berne Convention's member countries offering a method to register content of the song (lyrics, melody, chord, etc.). Unfortunately in all other countries, only the title of the song is recorded. The value of the protection afforded is significantly reduced. However, your possession of a dated original is all the proof of authorship that you need in most countries, assuming there is any dispute.

Expert Q&A

Question

Can you use any copyrighted song on TikTok?

Isabelle Garson
Social Media Expert
Isabelle Garson is a Social Media Expert based in the San Francisco Bay Area. With 10 years of experience, she works in social media strategy and content production. She specializes in music and cannabis marketing and has worked with international touring artists. Isabelle studied graphic design at the Academy of Art University. Additionally, she holds a certification from Sprinklr Research Analyst Pro.

Isabelle Garson

Social Media Expert

Expert Answer

You're good to use it if it's part of their audio base, because the original artist is getting a pay per stream when their content is used. So, the best way to make sure that you aren't breaking any copyright laws is to use the native audio in TikTok (or any platform that allows you to add music to your content).
Question

Can the CD have several songs in it or do you have to pay for each song

Community Answer

You can register a full album with multiple songs. The single copyright fee covers the whole album.
Question

How can I check to see the names of all of the songs I have copywritten already?

Community Answer

If you have registered your songs with the U.S. Copyright Office, you should be able to open an online account and find your records that way. Go to www.copyright.gov to get started.

Warnings

Watch out for misleading links and commercial copyright companies. If you search online for "U.S. Copyright Office," you may find yourself getting lead to for-profit companies, rather than the government website, and end up paying unnecessary filing fees!

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Make sure that your music is totally original. The rap hit "Ice Ice Baby" by Vanilla Ice copied the bassline from Queen and David Bowie's song "Under Pressure" and Vanilla Ice was sued.

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The US advice assumes that you are a US citizen. In 1989, the US became a party to the Berne Convention,^{[7]
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Research source} meaning that if you're from outside the US, you're not required to register with the US Copyright Office before you can make a claim in a US court.^{[8]
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Research source} However, you may wish to seek legal advice about availing yourself of the US registration process should you wish to have your music aired, heard, performed, or otherwise used in the US market.

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