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Copyrighting Your Songs

© 1984-2008 David J. Spangenberg

The majority of people are honest and law-abiding, but there is a nasty minority who will steal anything that isn't nailed down, and find a crowbar for the things that are. After putting all that hard work into writing your song, I recommend that you play it safe, protecting your song in every possible way.

The first precaution: never show your songs to anyone without having "the Copyright Notice" on it. The most often used form of Copyright Notice contains:

Ask the copyright office for several copies of "Form PA". PA stands for "Performing Arts," and the forms are free. Form PA covers copyrighting of the song only; that is, the lead notes and the words.

If you believe you have created worthwhile, usable "Sound Recordings" of your songs, you can also protect your Musical Performance, and/or Arrangements and/or Production. In this case ask the copyright office for "Form SR", which stands for "Sound Recording".

Form SR will give you better protection and give you bargaining power if you intend to: present your recording to Music Business People, have it played on radio or on the Web, sell tapes or CDs, etc.

Note: You'll notice on all recordings: [P] 2000 WB Records, or [P] 2000 Jive Records, for example. This [P] does NOT stand for "Published…" - it stands for "Sound Recording" ownership. They own the Recorded Production.

For both Published and Unpublished songs, you will see the © symbol.

Important: If you want to protect both your Recording and the Song within, on just one form, you can use SR to cover both, but you must Own both to do so! You must be the "Copyright Claimant" - the Owner of the song.

The Library of Congress also has many circulars that are useful and informative to Songwriters, and you may have them for the asking when you call for the forms. I recommend you ask them to send you a list of what they have.

After filling out the proper form, [the directions come with], send it with a Cassette Tape/CD and a $45 check or money order, made out to: "Register of Copyrights", for each song.

For copyrighting purposes, you may perform the song with or without any instrument[s]. Instead of a cassette or CD, you may send a lead-sheet [page with at least written lead notes, or notes plus words]. Either way, I recommend you also send a lyric sheet.

You may save money by sending in several songs at once, and calling them a "Collection." That is, one form covering several songs, instead of only one song per form. The price is then $45 for the collection of songs - and then a $100 later using form "CA" when you get the PA form back, if you wish to list the individual titles. Or, you can do them at once [saving a $100!], with a "Con" form [available on the web and by phone].

Copyrighting as a collection may sound like a good idea, but it may cause problems later on. A possible hazard is that you may decide to give one song from a collection to one Publisher and another to someone else - but both songs have the same registration number!

As you see, it could conceivably cause problems when going through different Publishers. By the way, if you ask for and/or can get Form "PA/Con"[...tinuation], which used to be attached to Form PA, it has the same look and result as sending in a CA form - and you can register the collection and the individual songs at once.

Some people believe it is simpler and cheaper, and offers sufficient protection, to mail a finished copy of the song to themselves using the postmark date as evidence of date of authorship, and leaving the envelope unopened until proof is required in the event of a legal contest. Others may use different methods, but no method other than proper registration can be counted on when you need real proof of ownership. Why take chances?

A couple other important pieces of information you should keep in mind:

If you have any further questions, you may call the Copyright Office at [202] 707-3000. You will find the people very helpful.

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A. Put in complete Title of the Song
B. If it's a collection…

1. Make up and put in title of the collection (E.g. - "Pooch's Top Ten")

2. After that, put in parentheses ("A Collection") - it will then look like:
"Pooch's Top 10" (A collection)

3. You should then use Form /CON and after filling in "Section A", where it says CONTINUATION OF (Section "C") (check which) check
Space 1 Box. Then,

4. List the Collection name, then the individual names of the songs in the collection.

A. Use if you have a secondary title, in parentheses, or…

B. If you are re-copyrighting the song under a new title - here you would list the old title.

A. Keep it Simple! If just words, say "Song Words"

B. If just Music, say "Song Music"

C. If Words & Music, say "Words and Music"

A. Put your Legal Name.

1. If you use an "alias" or "nickname", put it inside your name.

Example: David J. "Professor Pooch" Spangenberg

A. If you have common name, such as John Smith, I definitely recommend you put your date of birth.

A. Check NO!

1. A "Work Made for Hire" is when someone pays you to write a song, and that's all you'll receive!!! Your name won't even be listed - theirs will!

A. Fill in one or the other - either the country you were born in, or raised in.

A. Check "No" to both [you included your alias as part of your name].

A. On PA [Keep it simple]: If your wrote the Words, put "Words"; Music, "Music"; Words & Music, "Words & Music".

B. On SR [Keep it Simple]: If you Produced the song, for example, put "Production"

C. In cases where you use the SR form for both Song and Production: If, for example, you wrote the entire Song, Sang it, and Produced it, put "Music & Words, Vocal Performance, Production".

A. Date must be before you are sending in the form. Also fill in your country.

A. This is the OWNER of the song. The one[s] who has the power to make deals!!!

1. If unpublished, it's usually one or more of the songwriters - but only one address is listed.

2. If Published, it's the name of the Publishing Company[s] plus the Publisher's address

A. This is filled in ONLY if the name of the Claimant is different than one or more of the songwriters - usually when it's a Publishing Company.

B. Always put: "By written Agreement". That is, you've signed a songwriter's contract.

A. Check the "No" box unless you've Copyrighted the Song before.

B. Check the "Yes" box if you've copyrighted the Song before. It will mean that:

1. (a) You have formed a Publishing Company, and are now registering the song as Published.

2. (b) There is a new Copyright Claimant [owner].

3. (c) You've changed the Song enough that you believe it should be re-copyrighted.

a. This could also mean that you are now using the SR form and are copyrighting/protecting it as a Production.

4. Check the appropriate box.

5. If you answered "yes", you must give the "previous registration number" and "year registered". You'll find this place under the "c. box"

A. If you changed the Song enough, or you've just done a Production, fill this in:

1. Keep it Simple! Just put "New Production"; or "Changed Words", etc.

A. If they have a problem with your submission, the person's name, address and phone number listed here, will be notified. Print clearly.

A. This is where you say you've "told the truth, the whole truth and nothing but the truth".

1. Check the appropriate box.

a. Usually: Author

b. or if Publisher "Owner of Exclusive Rights"

B. Print your name and date where it tells you.

C. Sign your name where it tells you.

A. If unpublished, send:

1. One tape or CD or Lead sheet

2. Filled in form

3. Forty-five dollar check or Money Order paper clipped to form

4. Recommended: also send in a typed word sheet

B. If Published, send:

1. One copy of tape or CD or 2 Lead sheets

2. Filled in form

3. Forty-five dollar check or Money Order paper clipped to form
4. Recommended: also send in 2 typed word sheets

C. Send to:

 

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The Top Part is Reprinted from David's Book: "The Music Biz". The Fill-In-The-Form Part is Reprinted from David's Music Publishing Course...

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