Overview of Composition & Recording Copyrights

The concepts of copyrighting a song (the composition) and copyrighting a recording often go hand in hand, but they are, in fact, distinct legal processes that protect different aspects of a musical work. Understanding the nuances between these two copyrights is crucial for musicians, producers, and anyone involved in the creation and distribution of music.

Copyright registration is often a prerequisite for receiving songwriter and publisher royalties. Many performing rights organizations (PROs) and collection societies require copyright registration before distributing royalties for public performances, mechanical reproductions, and other uses of your music.

Copyrights are the foundation of your music royalty payments.

• Composition Copyright: Songwriter and Publisher royalties.
• Sound Recording Copyright: Recording Owner and Performer royalties.

Differences Between the Composition and Recording Copyrights

While both copyrights protect different aspects of a musical work, there are key distinctions between them:

Key Differences Between Copyrighting a Composition and a Recording

1. Subject Matter: Copyrighting a song protects the underlying musical composition, while copyrighting a recording protects the specific fixation of a song’s performance.
2. Creators: Copyrighting a composition typically involves the songwriter(s) and composer(s), while copyrighting a recording may involve the artists, producers, recording engineers, and mastering engineers.
3. Registration Process: Both copyrights are registered with the United States Copyright Office (USCO), but they use different forms: Form PA for musical compositions and Form SR for sound recordings.
4. Protections: Copyrighting a song protects against unauthorized copying, distribution, and performance of the musical composition, while copyrighting a recording protects against unauthorized reproduction, distribution, and public performance of the recorded version.
5. Royalties: Copyrighting a song generates performance royalties when the song is played publicly, while copyrighting a recording generates mechanical royalties when physical copies of the recording are sold or digital copies are reproduced.

Protecting the Musical Composition

Copyrighting a musical composition, safeguards the underlying creative elements of a song, such as the melody, lyrics, and harmony. It ensures that the songwriter(s) have the exclusive right to reproduce, distribute, perform, display, and create derivative works based on their composition.

How To Copyright A Song In A Nutshell

1. Create a Tangible Medium: Record your song in a physical format like a CD, sheet music, or digital file. This tangible medium serves as evidence of your song’s creation and existence.
2. Register Your Copyright with the U.S. Copyright Office: Visit the U.S. Copyright Office website (copyright.gov) and complete the appropriate application form (Form PA). You’ll need to provide your personal information, song title, creation date, and a non-refundable filing fee.
3. Affix Copyright Notice (Optional): While not mandatory, you can add a copyright notice to your song to deter infringement. The notice should include the copyright symbol (©), your name, and the year of creation.

We will use the Composition Copyright to get an ISWC (International Standard Work Code) from a PRO (Performing Rights Organization). This code is used to track your Songwriter and Publisher royalties.

Protecting the Sound Recording

Copyrighting a sound recording, protects the specific fixation of a song’s performance, including the arrangement, instrumentation, and overall sonic expression. It ensures that the copyright holder(s), typically the record label or the artist themselves, have the exclusive right to reproduce, distribute, and perform the recorded version of the song.

How To Copyright A Sound Recording In A Nutshell

1. Fix the Recording in a Tangible Medium: Similar to songs, record your sound recording on a physical medium like a CD, vinyl record, or digital file. This establishes the existence of your recording.
2. Register Your Copyright with the U.S. Copyright Office: Use Form SR for sound recordings, providing your information, recording title, creation date, and a filing fee.
3. Consider Copyright Notice (Optional): As with songs, you can add a copyright notice to your recording, typically on the physical packaging or within the digital file’s metadata.

We will use the Sound Recording Copyright to get an ISRC (International Standard Recording Code) from a Distributor. This code is used to track your Recording Owner and Performer royalties.

The Interplay of Song and Recording Copyrights

In the real world, composition and recording copyrights often intertwine. A song can have multiple recordings, each with its own copyright, and a recording can feature multiple songs. This creates a complex web of ownership and royalty streams.

For instance, when a song is played on the radio, performance royalties are generated for both the composition copyright (to the songwriter) and the recording copyright (to the record label or artist). Similarly, when a physical copy of a CD is sold, mechanical royalties are generated for both the composition copyright and the recording copyright.

Additional Considerations

1. Co-Authorship: If multiple individuals contributed to the composition or recording, consider joint copyright registration. This ensures that all creators are recognized and protected.
2. Work for Hire: If you created the composition or recording as part of your job or for someone else, the copyright may belong to your employer or client. Clarify copyright ownership in writing.
3. Copyright Protection Duration: Composition and recording copyrights generally last for the life of the author plus 70 years. For joint works, the protection extends to 70 years after the death of the last surviving author.
4. Copyright Enforcement: If you believe your copyrights have been infringed, consult an attorney to discuss legal options.

Protecting Your Musical Creations

Understanding the differences between copyrighting a composition and copyrighting a recording is essential for anyone involved in the music industry. By properly registering both copyrights, creators can safeguard their intellectual property, ensure fair compensation, and navigate the complex world of music rights.

Remember, copyright registration is crucial for establishing your ownership rights and protecting your creative work. You need to register your copyrights if you want to reap the rewards of your talent and hard work.