Music Copyright 101: The Complete Guide for Songwriters

You've written a hit song. You've poured your heart into the lyrics and crafted the perfect melody. Now what? Before you upload it to Spotify or share it on TikTok, you need to make sure you're protected.

The music business is notoriously complex, and copyright law can feel like a foreign language. But understanding your rights is the difference between a hobbyist and a professional. In this guide, we will demystify music copyright, royalties, and publishing so you can get paid for your work.

1. When Does Copyright Begin?

There is a common misconception that you need to mail a copy of your song to yourself (the "poor man's copyright") or pay a lawyer to own your work.

The Reality: Technically, copyright exists the moment your work is "fixed in a tangible medium of expression." This means as soon as you write the lyrics down on paper, type them into your phone, or record a voice memo, you own the copyright.

However, enforcing that copyright is a different story. If someone steals your song, you cannot sue them in federal court unless you have formally registered your copyright with the U.S. Copyright Office (or your country's equivalent). Registration acts as the ultimate proof of ownership.

2. The Tale of Two Copyrights

This is the most important concept to grasp. Every recorded song has two separate copyrights:

Example: When Whitney Houston covered Dolly Parton's "I Will Always Love You," Whitney's label owned the Master (the recording), but Dolly Parton still owned the Composition. Every time Whitney's version played, Dolly got paid.

3. The Importance of Split Sheets

If you write a song with someone else, you are legally considered co-owners. Unless you agree otherwise in writing, the law assumes you own the song 50/50.

What is a Split Sheet? It is a simple document that details exactly who owns what percentage of the song. It should include:

• Song Title
• Date
• Legal Names of all writers
• Percentage of ownership (e.g., Lyricist: 50%, Producer: 50%)
• PRO affiliation (ASCAP, BMI, etc.)
• Signatures

Pro Tip: Sign a split sheet before you leave the studio. Memories fade, and money changes people. It's much harder to agree on splits after a song becomes a hit.

4. How Do You Get Paid? (Royalties Explained)

As a songwriter (owner of the composition), you earn money through several streams:

• Performance Royalties: Earned when your song is played publicly (radio, TV, live venues, restaurants, streaming services).
• Mechanical Royalties: Earned when your song is reproduced (physical CDs, vinyl, digital downloads, and interactive streams like Spotify/Apple Music).
• Sync Licensing Fees: Earned when your song is synchronized with visual media (movies, TV shows, commercials, video games). This is often where the biggest money is.

5. Performance Rights Organizations (PROs)

You cannot personally track every radio station and bar in the world to see if they are playing your song. That's where PROs come in.

What they do: They collect performance royalties on your behalf and distribute them to you.

The Major PROs (USA):

• ASCAP (American Society of Composers, Authors, and Publishers)
• BMI (Broadcast Music, Inc.)
• SESAC (Invitation only)

You need to join one of these organizations to collect your performance royalties. Note that PROs do not collect mechanical royalties. For that, you need an administrator like Songtrust or Harry Fox Agency.

6. Registering Your Work

To fully protect your work and ensure you get paid, follow this checklist:

1. Fix it: Record it or write it down.
2. Split it: Sign a split sheet with collaborators.
3. Register with a PRO: Sign up with ASCAP or BMI and register the song title.
4. Register for Mechanicals: Sign up with a publishing administrator (like Songtrust) or the MLC (The Mechanical Licensing Collective).
5. Copyright Office (Optional but Recommended): For maximum legal protection, register with the U.S. Copyright Office (Form PA or SR).

Conclusion

The business side of music isn't as glamorous as the creative side, but it is just as important. By understanding your rights and taking the proper steps to register your work, you ensure that your creativity is valued and rewarded.

Don't let your hard work go unprotected. Treat your music like the business it is.