What Every Independent Musician Should Know About Music Copyrights in the U.S.
Oct 22, 2024
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Intro and Legal Disclaimer
This one’s for the independent artists and songwriters based in the U.S., or anybody else looking out for independent musicians - have you taken all of the necessary steps to properly protect your music? Do you know all about the exclusive rights to your music and what each right means for you? What about the different royalties that are owed to you when your music is used? Are you 100% sure you’re not infringing on someone else’s copyright when working with their material? If you’ve answered no to any of these questions, you’ve found an excellent place to start learning more.
Whether you’re pursuing music simply for the love of music and don’t care about the money whatsoever (to which - I salute you!) or you find yourself ready to actualize your fantasy about quitting your 9-5 to chase your dreams in music, it is important to understand copyright law and how to make sure you stay compliant.
If you're looking to build a career in music, then it’s time to start thinking about your songs as more than just your artistic expression and creative outlet. No doubt you know by now that without any help from bigger players like a publisher or a record label, it's all up to you to create a stable business structure that supports your craft.
When you start on this path of building a business to support your music, it can be understandably overwhelming at times. How are you supposed to know what you don’t know? Educating yourself early on is key, and even that can become overwhelming when you first begin reading about how the music industry truly works.
This is a big reason why I started OCM. When I started out building business structures for musicians, I was one of those people who would google a question and then find myself with 20+ tabs open in my browser because there was SO much to read. I had to go through so many articles, websites, and videos to put the pieces together. Seriously, you know you’re down the rabbit hole when you start asking yourself philosophical questions like “What exactly is a song?”.
Don’t be scared, though – once you know this stuff, you know it! The educational content that OCM provides is geared specifically towards the independent musician in the U.S. – giving you the functioning knowledge you need so you can get back to the music even faster. And this education starts with the basics of music copyrights.
If you're new in your music journey, if you're getting ready to release your first song, or maybe you're an experienced musician but never worried about capitalizing on your songs…then start here. If you don't know much about copyright… start here. If you don't know much about licensing or royalties… start here. This article is 101!
Here is the part where I provide a legal disclaimer. This article is for educational purposes only. I am not an attorney, and this article is not a substitute for legal counsel. When it comes to building a business, always go to the professionals for the important decisions – such as an attorney for legal advice or an accountant/CPA for financial advice. Another disclaimer – this article includes affiliate links, so if you use an external link and make a purchase, I may receive a commission (thank you!).
Did you know? When it comes to the numbers, independent artists keep rising!
According to Luminate’s Midyear Music Report for 2024:
In the first half of 2024, among all artists who accumulated between 1 million and 10 million streams in the U.S. – 62.1% of those were independent artists!
The percentage of independent artists with 500M+ cumulative U.S. streams continues to rise – up 2% in the first half of 2024, compared to the second half of 2023.
IS A SONG AN ASSET?
Before we even get to the convo on copyright, let’s take a moment to potentially reframe your perspective when it comes to your music. Hang on to this concept. If you're an independent artist or songwriter, every song you create is an asset held in your name. I'm going to say that again. If you're an independent musician, every song you create is an asset.
What is an asset? In its simplest definition - an asset is something of value that is owned by a person or a company. Generally speaking, the owner(s) make an investment into an asset with the goal of making a positive return on their investment.
An asset can be tangible (something that you can physically touch - think real estate or a piece of art) or intangible (something that you cannot physically touch - this can include things like NFTs and most financial assets like stocks and bonds).
Patents, trademarks, and copyrights are intangible assets which protect intellectual property.
One of the key takeaways from this article - and what OCM is all about - is that your songs are your assets, and it's up to you to get the most value out of them that you can. The more you invest, the greater your return. And investing doesn't just mean how much money you spend creating and marketing your music. Yes, financial investment is a big part of it, but investing in your music also means anything from educating yourself on the music business (like you're doing right now!) to mastering your technical skills as an artist (getting more experience with composing, using a DAW, mixing, taking vocal lessons, etc.), networking with others in your industry, and of course - creating and maintaining an organized business structure that makes it that much easier (and hopefully, profitable!) to keep doing what you love.
And consider the flipside. I said the greater your investment, the greater your return. That return is hopefully going to be a financial one, but that return also comes in the form of knowledge, industry connections and lasting relationships formed through music, fulfillment of following your passion, etc. That's the whole point of this journey so many of us are on, right?
This will be an ongoing theme in OCM’s content. And for better or worse in the current industry, to be a successful musician is to be a successful investor. One question any smart investor will ask is how to protect their assets. And if music is an asset, how can you (the investor) protect it? Hint: It’s all about the copyrights!!
INTELLECTUAL PROPERTY / PATENTS, TRADEMARKS, & COPYRIGHTS
What is intellectual property? Intellectual property includes creations and inventions of the human mind. They are the products of creativity. When intellectual property meets certain criteria, its creator gains federal rights to protect that property from others copying or distributing it without permission.
There are more intellectual property rights than what is listed here, but let’s learn the difference between the big three:
Patents - protect new inventions and products
Trademarks - protect branding like names and logos (this might become relevant in your music career)
Copyrights - protect original works of authorship. These compositions can include anything from music to literature, really any kind of artistic work - a play, a poem, a painting, a sculpture, computer software, choreographic works like a ballet, architecture - the list goes on. The person that creates one of these works is called an Author. Remember this part - the Author of an original work holds exclusive rights for that work under U.S. Copyright Law. More information about copyright is available at https://www.copyright.gov/.
Copyright exists automatically. The reason we’re starting with the broader concept of intellectual property is to highlight how copyright differs from a patent or trademark in that it exists automatically. For the other two types of intellectual property on our list - patents and trademarks - these are not automatically protected by federal law, even if they meet all the criteria for protection. This means that even if someone develops a new product that meets all the criteria to receive a U.S. patent, it does not mean that the patent automatically exists. No, they must go through the application process and be approved for the patent. Trademarks are slightly different. They are often protected by common law at the state level, but just like patents, they also must go through an application process before they can receive any kind of federal trademark protection.
Copyright is the only one on our list that is automatic. Copyright exists as soon as an original work of authorship is fixed in a tangible medium.
What does it mean for something to be fixed in a tangible medium? It means any form of expression that can be accessed and can also be reproduced. For music, that expression might come in the form of a song being written down (think sheet music), or a recording of it is made. As soon as that song becomes fixed for the first time, the copyright for that original work automatically exists without having to do a thing.
Now that's not to say there's nothing to be done here. The copyrighted work should still be registered with the U.S. Copyright Office, which we'll talk about later in this post.
THE TWO MUSIC COPYRIGHTS: MUSICAL WORK & SOUND RECORDING
First thing's first – in general, when you hear a recording of a song, there are two different music copyrights in place:
| MUSICAL WORK COPYRIGHT | SOUND RECORDING COPYRIGHT |
What does this copyright cover? | The song composition (the lyrics, melody, and arrangement of a song) | The actual recording of a song composition (AKA THE MASTER) |
The creator of an original work of authorship is called an Author. Multiple creators = multiple Authors. The Author(s) of a work own the copyright that protects the work. Let's define the Authors of both music copyrights and some other important concepts for each.
About the Musical Work Copyright (Lyrics, Melody, and Arrangement)
Author(s) of a musical work:
o A person who writes lyrics is known as a Lyricist.
o A person who writes the melody and/or song arrangement is known as a Composer.
o Lyricists and Composers are both considered SONGWRITERS.
Songwriters own the copyright for musical works. Songwriters may only seek copyright for a full song; you cannot divide lyrics and melody into separate rights.
If there are multiple songwriters, then a split sheet is necessary to legally define the percentage of ownership for each songwriter. If there is no split sheet, then by law, copyright ownership shall be divided evenly among all songwriters.
If a songwriter has a publisher, then their share of ownership may be split even further. Songwriters often assign their rights to a publishing company to collect royalties on their behalf.
About the Sound Recording Copyright (AKA the Master)
Authors of sound recordings are usually going to be the performing artists and producers.
If a performing artist or producer is signed to a Record Label, then their share of ownership may also be split further, or the label might even own everything outright.
Splits really can vary here and again, determined by any agreements in place.
WHO OWNS THE COPYRIGHTS?
So we've defined the people who are typically credited as the Authors (the creators) of the musical work and the sound recording. Now let's talk about who actually owns those copyrights. But Rachel, you just told us that the Authors own their own copyrights! I did, and you're right. Authors are the automatic owners of their copyrights, but these can be sold, transferred (assigned), or inherited.
In general, copyright ownership comes down to what is agreed upon and is best defined in a written agreement, whether in a split sheet, an assignment contract, a publishing deal, record deal, etc. Other types of agreements like an employment agreement, or even a will, can all determine who owns the copyrights.
Quite often in the industry, songwriters and recording artists sell or assign their rights to a third party for management. Musical work copyrights might get sold or assigned to music publishers, while sound recording copyrights often go to a record label. Record labels often have their own in-house publishing, so it is not at all uncommon to see the record label listed as the owner of both a musical work and its sound recording.
Depending on the terms in a contract, the party receiving those rights may or may not end up owning those rights. It's possible to assign, say, a publishing admin some of the rights that come with the copyright, but the Author (creator) retains ownership. Again, it all comes down to the agreement.
Now, if you're an independent artist who did everything from start to finish - from writing lyrics to composing the beat, recording yourself, mixing/mastering, etc. - congratulations, you are the sole copyright holder for both the musical work and the sound recording!
Of course, if you did not do some of the work mentioned above (there's an exception here we'll talk about in just a moment called work for hire), then it makes sense that you will not be the sole copyright holder here. A great example is if you record a cover song - this means you are recording a new original sound recording, but the musical work itself is owned by someone else.
Work for Hire: Not everyone who contributes on some level to a song will be assigned ownership. For example, let’s say a sound engineer sets up for you to record your song, and the engineer agrees to be paid a flat rate up front instead of getting any percentage of ownership in the sound recording copyright and collecting royalties on the backend. Or take the case of a songwriter employed at a music production company. This person would write songs and collect their regular paycheck, and in exchange, they would not receive royalties or copyright ownership. This is called work for hire. Even though the sound engineer and the songwriter each contributed to their work, the person or company that paid for their services would be considered the Author and the owner of the respective copyright. Again, it all comes down to what's agreed upon, and remember - agreements are always best made in writing.
HOW DOES COPYRIGHT PROTECT MY MUSIC?
So what exactly does it mean to own a copyright, and just how does copyright protect your music? Copyright grants the owner(s) the exclusive legal rights to:
Reproduce / make copies of the work
Distribute / sell copies of the work
Create derivative works (think remixes, alternate versions)
License the work to others and collect royalties
Publicly perform the work
Publicly display the work - major note here:
Public display of the musical work includes displaying the song in printed form, such as sheet music or printed lyrics.
There is no public display right for sound recordings.
Bottom line - to own any of these exclusive rights means you get to decide how and when you want to exercise them AND whether you want to permit someone else to do any of the actions we've just listed here.
If someone uses a copyrighted work without obtaining permission (with exceptions we’ll talk about), then it is considered copyright infringement. If someone infringes upon your copyright AND you have registered your work with the U.S. Copyright Office, you can use the U.S. court system to take legal action.
HOW LONG DOES COPYRIGHT LAST?
This is a section that should excite you as an independent musician! As a musician, of course you've got to know how long the copyright protection lasts on your work. And the fundamental concept here is that copyright protection is finite; it does not last forever. Once the copyright term expires, the protections that go with it come to an end, and the work enters the public domain.
To determine exactly when copyright protection is active, remember, copyright exists from the moment music is fixed in a tangible medium (either when written down or recorded), so the moment of creation is when the copyright term begins. Copyright also exists whether your music is published or not. Even if your music never sees the light of day, the copyright exists from the moment of expression in a tangible medium.
Depending on when a song was created, asking how long the copyright lasts can get a little complicated. There have been a lot of updates to copyright law in the last few decades, which has created a complex timeline for when certain works will enter the public domain. Fortunately, if you are creating new music today, it is much more straightforward to know exactly when your copyright will expire. It's when we start asking this question about older music, specifically music that was created before January 1, 1978 - that's where it gets weird. For now, let's consider newer material.
For music created on or after January 1, 1978, copyright protection lasts the lifetime of the Author, plus seventy years after the Author's death. If there are multiple Authors of the work, then the seventy years starts after the last surviving Author dies. I want that number to really sink in here. 70 years after the Author's death. This is exactly why all independent musicians should be treating their music as assets and building a business structure around them. 70 years!! If you retain the ownership of your music through your lifetime, and you put it in your will to go to your children, to your family… This creates the very basis of generational wealth for your family for decades after you're gone.
Besides this general 70-year rule, there are some cases where the copyright's term will be different. If a work is considered "Work for Hire", or if the work is published anonymously or under a pseudonym, then the copyright term lasts 95 years from the date of publication OR 120 years from the date of creation, whichever is shorter. And notice how that hinges on if the work was PUBLISHED, not how the copyright was registered. An important note - if a work is published anonymously or pseudonymously, but the Author's name ends up being used on the copyright registration, then the copyright term defaults back to 70 years after death.
WHAT CAN'T I COPYRIGHT?
As much time as we’ve spent defining what copyright is, what it covers in music, how long it lasts, etc. – it’s just as important to understand what is not considered eligible for copyright.
1. You can't copyright someone else's original work. Whether it's a musical composition, a sound recording, or any other original work of authorship, you can't claim someone else's copyrighted material as your own. Consider these examples:
Cover songs – If you record a cover of someone else’s song, you can only claim the copyright for your new sound recording. You can't claim copyright for the underlying composition, because it’s not yours!
Samples of sound recordings – you can't claim ownership of the sound recording being sampled, because it’s not yours!
2. Facts and ideas. This might seem out of place here, but take the concept of ideas. If you have an idea for a song, or a melody, or a chord progression, or whatever - the idea itself is not fixed in a format so that it can be accessed and reproduced (remember, that’s critical for the copyright to exist), so an idea for a song is not something that can ever be protected by copyright. Finish your work!
3. Your artist or band name.
4. The name of a song or album.
Names and titles cannot be copyrighted, whether it’s your band, the name of your album, etc. Some names can be filed for protection under a TRADEMARK, which protects branding elements.
REGISTERING WORKS WITH THE U.S. COPYRIGHT OFFICE
Yes, copyright exists automatically, but I mentioned before that there is still action to register the work with the U.S. Copyright Office. Remember how I also said that your songs are your assets, and the more you invest, the greater your return? Registering your copyrights is a major investment in your music. This is a step that should never be skipped.
There are multiple benefits to registering your work with the U.S. Copyright Office, including:
Creates a public record of ownership
Allows you to go through federal courts or the Copyright Claims Board (CCB) for cases of infringement
Depending on when you register, you may also be able to ask for damages, attorney fees, and court costs
To register the copyright for your work, you must submit three things to the U.S. Copyright Office: an application, a filing fee, and a copy of your work. There are several different applications available on their website - keep in mind that copyright applies to a lot more than just music, so expect a ton of information on this site. Here are the applications used to register music copyrights (each linked for more info):
Form PA - Musical Works
Form SR - Sound Recordings (can register the musical work and sound recording together IF they meet specific criteria)
Be aware – if you’re trying to register both the musical work and the sound recording of a song, you can only register them both on the same application when very specific criteria are met. Otherwise, it will be necessary to submit separate applications to register both music copyrights.
Once the Copyright Office receives and verifies all that is required on an application, they will issue a certificate for each copyright registration that will be sent by mail. The certificate will have a date of registration on it, but remember this is not the same as the date that the copyright's term of protection began (aka date of creation).
Copyright can be registered at any point during its lifetime. If it has not yet entered the public domain, it can be registered! You also only have to register the copyright once. If you register before the work is published, you do not have to register it again after publication (although, that is an option, if you want to re-register as a published work).
A final point on registration. Remember that copyright applies to so much more than music, so you may end up creating other original works of authorship as you continue on your music journey. For example, if you release a single and design original cover art to go with it… that cover art is also protected by copyright and can be registered with the Copyright Office.
You can access the U.S. Copyright Office's application portal by clicking here. Don’t feel like registering on your own? OCM offers copyright services to take care of filing for you! Check out our Services page.
HOW ELSE CAN I PROTECT MY WORK? COPYRIGHT NOTICE
Another thing Authors can do to protect their copyrighted work is to include a copyright notice at the time of publication. This is not a replacement for registration. The copyright notice identifies the copyright owner(s) and year of publication. Copyright notices are no longer mandatory on publications as of March 1, 1989, but they are still commonly used as a way of identifying who owns the copyrights.
The copyright notice will include a copyright symbol (or the word "Copyright"), the year of original publication (meaning the year it was released anywhere in the world), and the name of the copyright owner(s). If you're an independent artist and own your songs,
list your name here. If someone else owns your music, like a publisher or a record label, then they would be listed.
Two different copyrights for music means we're going to have two different copyright notices, one for each type.
Copyright Notice for Musical Works – The C Line
The copyright notice for the musical work copyright is often referred to as the C Line. It will use the symbol "©".
Examples:
© [Year of Publication] [Copyright Owners – Songwriter or Artist Name, Publisher, Record Label, etc.]
© 2024 KAYERS
© 2024 OnSight Collective Publishing
© 2024 OnSight Collective Records
Copyright Notice for Sound Recordings - The P Line
The copyright notice for the sound recording copyright is called the P Line (for phonographic copyright). It uses the symbol "℗".
Examples:
℗ [Year of Publication] [Copyright Owners – Artist / Producer Name, Record Label, etc.]
℗ 2024 KAYERS
℗ 2024 OnSight Collective Records
PERMISSION & LICENSING: USING SOMEONE ELSE'S COPYRIGHTED WORK
If you're working on a project and decide you want to use someone else's copyrighted material, you need permission from the copyright owner first. Permission is granted in the form of a music license. There are seven types of music licenses, each with a different purpose and scope. Failure to obtain the appropriate license (or licenses!) for your work constitutes copyright infringement and is a serious legal risk, even if you intend to give your music away for free.
Permission is granted in the form of a license, and the license is what conveys to the recipient(s) certain rights to use a copyrighted work. In return, the copyright owner(s) get paid:
What is agreed upon, which could be:
No payment at all
A fee paid up front
Royalties paid on the back end
A fee paid up front AND royalties on the back end
What is required by law:
Statutory royalty rate
Copyright law does establish some limitations on the need to obtain permission, such as Fair Use. We will discuss Fair Use in a separate blog post. For now, and in general, if you are using someone else's material, you should always assume it is copyrighted until you confirm otherwise.
How to obtain permission: A note before we continue. This section covers how an individual or company might go about obtaining permission directly from the copyright owner(s). It's a great idea to understand this process, but in reality, most music licenses are actually brokered and administered through third-party agencies. There are many types of organizations that provide licensing services. Some, like Performing Rights Organizations (PROs), only administer one type of music license - the public performance license. Others might administer multiple types of licenses or even offer custom licensing services, like Easysong.com.
Let's now look at how to obtain direct permission. The first step is to do your research to verify the copyright status. You can look for a copyright notice but keep in mind that the notice may be outdated (if, for example, a copyright has been sold to a new owner). A better way to verify copyright status is to search the records available at the Copyright Office. You can click here to access the U.S. Copyright Office’s public catalog.
Remember that copyright notices are considered optional as of March 1, 1989, so just because there’s no notice doesn't mean there is no copyright in place.
Once you've done your research, it's time to reach out to the copyright owner to ask permission to use their work. This is where you're gonna have to be patient. You may find out that the owner has assigned the rights to a representative, like a publisher, so be prepared to contact multiple people. You will also need to be prepared to provide information, anything from the exact parts of the material you want to use and how you would use it in your work, to whether the material would be sold, etc.
Since the owner holds exclusive rights to their work, the owner also gets to decide if they will or will not grant rights to the person requesting permission. You very well could get to the end of this process of verifying, reaching out, providing information, etc. - just to be told no.
If the owner agrees, then permission is granted through a music license. There are seven different types of licenses, each for a different purpose and scope. Depending on the nature of your own project, it is possible that more than one license is necessary.
Synchronization (sync) license - allows you to use a copyrighted song in your visual media (movie, commercial, video game, YouTube video, etc.)
Public performance license - this license is necessary when playing a song live or to play a song in a public place like on the radio or in a restaurant
Mechanical license - necessary for creating and distributing derivative works of music compositions - covers, remixes, etc.
Master recording license - allows you to sample a sound recording
Print license - needed to reproduce and distribute any printed form of a song, like sheet music or printed lyrics
Theatrical license (grand rights) - necessary to use copyrighted music in a live theatrical production
Blanket license - allows use of a large catalog of copyrighted music from multiple copyright holders. This access is granted with the intent of using it for a specific purpose (like streaming) or at a specific venue. As an independent musician, you probably won't ever seek a blanket license, they are typically for bigger players like DSPs (Spotify, Apple Music, etc.). Virtually all music played on streaming platforms is done so under blanket licenses.
Voluntary vs. compulsory licenses: what's the difference? We know that copyright owners have the right to grant and deny permission to use their work. Licenses granted by copyright owners are considered voluntary licenses. But there are some cases where a voluntary license is not necessary, which means getting permission from the owner(s) is not necessary.
In general, a compulsory license is granted by a section of copyright law, where permission shall be granted for certain purposes and cannot be denied by the owner. There are limited scenarios where this clause in the copyright law applies, like in news reporting and PBS programming.
One example of a compulsory license in music is the compulsory mechanical license, which is granted for recording a cover of a commercially released song. If you want to record a cover of a song, you don't have to contact the copyright owner for permission (although technically, you still can!). What is required for the license is that you pay the statutory mechanical royalty rate for each copy of your cover song that is sold. The statutory mechanical royalty rate for physical sales and downloads in 2025 is 12.7 cents per song, or 2.45 cents per minute of playing time, whichever is greater.
There are third-party companies out there that can take care of both the licensing process and paying any royalties that you owe. If you're looking to record and distribute your own covers, check out easysong.com. They make the entire process super easy, and it's really affordable. The service is less than 20 bucks at the time this blog post was written, and then any royalties owed. You can take care of everything online or by phone!
What about royalty-free music? You may have come across a website that offers a library of royalty-free music. This might mean you're able to use this music without paying royalties on the back-end for it, however, do not mistake royalty-free for being the same as copyright-free. Be sure to purchase a license up front (likely through the website you're on), and always be aware of what you're agreeing to in the Terms & Conditions.
RECAP OF KEY CONCEPTS
I know, I know… this was a lot of information to read through in one go. The good news is once you know this stuff, you know it! If any part of this post didn't make sense, this is a good one to save and come back to. Also, as you continue learning more about music business, coming back to this post later on might make for a few big lightbulb moments. Let's run back through the key concepts from this post:
KEY CONCEPT #1: Your songs are your assets. The more you invest in your music, the greater your return will be.
KEY CONCEPT #2: There are two different music copyrights. A musical work copyright protects a song’s composition (lyrics, melody, arrangement), and a sound recording copyright (aka the master) protects the actual recording of a song.
KEY CONCEPT #3: Copyright exists as soon as an original work of authorship is fixed in a tangible medium. The creator of a work is known as an Author. Authors of musical works are songwriters (lyricists and/or composers), and the Authors of a sound recording are usually performing artists and producers.
KEY CONCEPT #4: For music created in 1978 or later, copyright protection lasts the lifetime of the Author, plus seventy years after the Author's (or last remaining Author's) death.
KEY CONCEPT #5: In general, copyright ownership comes down to what is agreed upon. The rights that come with copyright ownership can be sold, assigned, or inherited. Agreements are always best made in writing.
KEY CONCEPT #6: Even though copyright exists automatically, for maximum benefits under copyright law, the work must be registered the U.S. Copyright Office.
KEY CONCEPT #7: In general, permission must be obtained to use someone else's copyrighted work. Permission is granted in the form of a music license. There are seven types of music licenses, each with a different purpose and scope.
KEY CONCEPT #8: Failure to obtain the appropriate music license(s) constitutes copyright infringement and is a serious legal risk.
If you have any level of ownership of a song, congratulations - you've got an asset. Oh, you've got multiple songs in your name? Congratulations - you're working with a portfolio. Now the two questions that I ask you next are:
Have you taken the necessary steps to PROTECT your assets?
Are you getting PAID for all the royalties that are owed to you as a copyright holder?
Both of these questions highlight exactly why, as an independent musician, it is so critical to have a strong understanding of the music business and how copyright law governs it. If you made it to the end of this article, you've made a worthy investment in your music. It is up to you to keep going to build that sustainable business structure that supports your music, your artistry, and your brand. OCM can help, and I hope you'll join the Collective as we continue building resources to support this community!
-Rachel
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