It's easy to protect your rights in music.You gain a "copyright" in your music as soon as you write down or record it.You have the right to reproduce the work and to distribute it to the public.Your permission is needed if anyone else wants to perform your music.You should register your rights with the U.S. government to protect your music.You should send legal notices to people who perform or use your music without permission.
Step 1: You can record or write your music down.
As soon as you fix the music in a tangible medium, you gain a copyright.As soon as you write down the music or record it, you have a copyright.You don't get copyright protection if you play a song over and over again.It needs to be affixed in a tangible medium.
Step 2: Attach the symbol for the right to use it.
It is possible to give people notice that your music is copyrighted by affixing a symbol to copies of it.You don't have to give copyright notice.It is possible to warn others that the music is copyrighted.The letter P should be used as a symbol for sound recordings.The name of the copyright owner and the year the sound recording was first published are included.If you write down your music, use the letter C within a circle and include the year the music was published, along with the name of the copyright owner.
Step 3: You should register your copyright.
You don't have to register it with the Copyright Office.Even if you don't register your music, you still have a copyright in it.There are many advantages to registration.Unless you have registered your copyrighted work, you can't file a lawsuit in federal court.The court will consider your registration as proof of your ownership in a lawsuit.If you are registered, you can get more compensation in a lawsuit.If you have copyrighted your music, you can get attorneys' fees and statutory damages of up to $150,000 per violation.
Step 4: Circular 56 can be downloaded here.
This publication is from the U.S.The Copyright office can tell you everything you need to know.The circular will show you how to register multiple songs in one filing.You need to download it and read it.A musical composition consists of music and words.Composers and lyricists usually register a copyright in their work.A sound recording is a collection of sounds.Performers usually own the rights to sound recordings.You can register both.You can get a copyright for both the musical composition and the sound recording if you write the music and perform it.
Step 5: You can register your copyrighted work.
You can register on the website.You will need to create a password and a user ID.You can see a PDF version of the online registration process after you create your account.It's cheaper to register online than it is to use a paper application.It is generally quicker.The Copyright Office requires you to deposit a copy of the music.You can deposit a hard copy through the mail.
Step 6: You should complete a paper application.
If you want, you can use paper applications.The forms can be downloaded from the Copyright Office website.If you want to register only the underlying musical composition, you need to fill out Form PA.If you want to register the sound recording, you have to use the form.You can register both the musical composition and the sound recording in one application.
Step 7: You should assemble your application.
A complete registration includes the completed form, examples of work to deposit with the Copyright Office, and payment of the applicable fee.You have to deposit a certain number of copies of the work.If the work has been published, you have to deposit two.If the work was not published, you must only submit one.Check the Copyright Office for the current fee schedule.Checks or money orders can be made payable to "Register of Copyrights."
Step 8: The application should be mailed.
The completed application should be sent to the Library of Congress.The office is on Independence Avenue in Washington, DC.If you have to deposit a copy of the music in the mail after completing an application online, you should mail your deposit to the same address.
Step 9: You can create alerts from the internet.
If anyone is distributing copies of your music, you can create a Google alert.When you create the alert, you will be sent an email whenever new content is found that matches your search terms.You will need a Gmail account to create an alert.If you want to have an alert created for you, you have to go to the Alerts page.If you have a copyright in lyrics, you should create an alert for your band's name and sample lyrics.
Step 10: You can review your notifications daily.
Every alert should be reviewed at a certain time of the day.You might want to look at your alert first thing in the morning.You don't have to skip a day if you try to get in the habit.You will need to send a notice to the website owner if you see someone posting your music on a website.The owner can't be sued if they immediately remove the music.You have to inform the owner that your music is on their website.
Step 11: If the use is fair, you have to decide.
Before sending a takedown notice, you need to make sure that you have a valid claim.You need to decide if the use of your music is fair use before you send a notice.Fair use is a vague concept which means that some people can copy certain parts of your music.The court will look at more than one factor, such as how much of your music was sampled and whether the person sampling it transformed the sample.The court will consider whether the sampling had a negative effect on your ability to make money from the song, as well as why it was done.Most of the time, you will be justified in sending a takedown notice.If someone uses an entire song or a large portion of a song, then you are justified in sending a notice.In some cases, the use might be fair.Someone who samples a few seconds of a song to use in a non-profit, educational video might have a fair use defense.Contact an attorney if you don't know if the sampling is fair use.
Step 12: If you want to take down a notice, draft it.
The Digital Millennium Copyright Act protects websites and internet service providers from being sued for hosting copyrighted material.In order to get that protection, they must immediately remove work that is not theirs.If you want your music to be taken down, you can contact the website that is hosting it or the internet service provider.The notice needs to be in writing.Both a letter and email should be sent to the website's agent.You need to identify in your notice what copyrighted work is being used for.Provide a representative list if multiple musical compositions have been violated.The alleged violation occurred on the website.The material that is illegally copying your music should be identified.Provide the link if there is a link involved.If there are questions, give your name and contact information.If you have a good faith belief that the use of this material in the manner complained of is not authorized by the copyright owner, its agent, or the law, you are authorized to send it.A signature should be included.Attach an electronic signature if you send an email.
Step 13: The agent must send the notice.
You can send a notice to the website that is hosting your music or the internet service provider.You can find the agent by looking at the website.On large websites, the agent's name can be listed on a "Contact Us" or "Terms of Use" page.The U.S. has a directory of DMCA agents.The office has a Copyright Office.You can search by the name of the company that owns the website.Look for the website's internet service provider if you can't find the owner.The information can be found on the www.whois.net website.The website's URL should be entered.The internet service provider may be listed.
Step 14: The notice should be sent by mail.
The return receipt should be sent with the certified mail.The receipt will show that the agent received the notice.The notice should be sent via email.You can also send a letter through the mail if you use email.
Step 15: If your music isn't taken off, you should bring a lawsuit.
The account of whoever uploaded the music to the website should be disabled.If the music is still on the website, you should contact an intellectual property lawyer.You may have to file a lawsuit.You can ask for a referral if you visit your state or local bar association.You can find your nearest bar association by visiting the American Bar Association website.If you register your music, you can get attorneys' fees if you win.If you have a strong case that you are likely to win, this can make a lawyer affordable.