Protect Your Music: Copyright for Musicians

A safe with music notes floating out of it, representing copyright

You’ve poured your heart into your songs — now it’s time to protect them.

Copyright is the legal shield that guards your music from theft and opens doors to earning opportunities like royalties.

Whether you’re a bedroom producer or dreaming of landing your song in a TV show, understanding music copyright is the first step to owning your career as an independent musician.

Let’s break down copyright for music in a way that makes sense.

Copyright is the backbone of your rights as a creator. When you write a song, you are not just creating something deeply personal. You are also creating intellectual property. Copyright is what legally recognizes that property as yours. 

At its core, copyright gives you the power to do (or authorize others to do) critical things with your work. Without it, anyone could pick up your music and use it in their movie, stream it endlessly in public, or even claim it as their own.

What Copyright Protects

When you own copyright, you control:

  • Reproducing your music (making copies or recordings)
  • Distributing it (selling or sharing)
  • Performing it publicly (concerts, radio, streaming)
  • Displaying it (lyrics, sheet music)
  • Creating derivative works (remixes, samples, adaptations)

Copyright doesn’t just protect exact copies. It can also protect songs that borrow heavily from others, even if the similarities are subtle. For instance, Tempo Music Investments sued Miley Cyrus over her hit song "Flowers," claiming it copies elements from Bruno Mars’ "When I Was Your Man." They argue that Flowers uses similar lyrics ("I can buy myself flowers" vs. "I should have bought you flowers") and harmonic structure, making it an unauthorized derivative work. The court rejected Cyrus’s attempt to dismiss the case last month, showing that the suit has teeth.

When someone uses your music without authorization, they’re infringing on your copyright. This is a big deal. You have the right to take legal action to stop the unauthorized use and seek compensation for any damages. Your best bet is to document everything and consider contacting a lawyer who knows about music copyright law to help you navigate the situation. 

Master vs. Composition: What Song Copyright Do You Own?

This is one of those topics that every artist has to understand. If you’re working in music, whether as a songwriter, performer, producer, or label rep, your song’s copyright is split into two key parts: master recording rights and composition rights. 

Think of the composition as the blueprint (melody, lyrics, beat, structure) and the master recording as the finished house (the final recorded version). They're legally distinct, and understanding the difference is essential.

1. Composition Copyright

The composition is what you create when you sit down with your guitar or notebook to write a song. These rights are usually managed through publishing agreements.

If you wrote the melody or the lyrics, you own the copyright to the composition. This copyright is connected to something called publishing rights. Publishing looks at the licensing and control of your song’s written and melodic content. Anyone who wants to record, perform, broadcast, or adapt the song needs permission to use the composition.

Here’s a composition copyright example: imagine an artist samples your beat in their song without permission, and the track starts gaining major traction. That copyright gives you the power to legally address the situation, whether that’s negotiating proper credit and compensation or stopping the unauthorized use entirely.

Publishing rights are often managed by publishing companies or licensing collectives like BMI, ASCAP, or SOCAN

2. Master Recording

This is the final recorded version of that idea, whether it’s captured in a studio or at home. It’s the audio your fans hear on Spotify, vinyl, or CD. 

Whoever finances the recording typically owns this copyright. This might be you, your producer, or your label. 

Ownership of the master determines who can authorize the use of that specific version of the track. You can control if, how, and when it gets used commercially.

You can own the composition or the master, or both. For example, as the songwriter, you could own 100% of the composition but not the master recording if, for instance, you’re signed to a label that takes ownership of masters as part of their deal with artists. Or maybe you’ve licensed the composition for someone else to record and release.

This split matters when licensing music or resolving disputes. Always know who owns what and get it in writing. The more you know about master recordings and compositions, the better equipped you’ll be to fight for what’s yours. 

Taylor Swift’s ongoing re-recording project (“Taylor’s Versions”) is a textbook case of master rights. While she owns the compositions (as the songwriter), her former label owns the master recordings. To regain control, she began re-recording her albums, creating new masters that she fully owns. Some labels have since reworded these restrictions in their contracts to close this “loophole.”

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As soon as you create a tangible version (like a recording or sheet music), your music is automatically copyrighted. However, registering your copyright officially with the U.S. Copyright Office (or the equivalent in your country) is still a smart move because if someone ever steals your work or uses it without permission, registration gives you the legal proof to fight back. It’s also an essential step if you want to license your music or collect certain royalties in the future.

Here’s how to copyright a song if you’re in the U.S.:

  1. Visit copyright.gov
  2. Register your work as either a composition or a sound recording (or both if you’re feeling thorough).
  3. Upload your work file and pay the $45–$65 fee
  4. Submit and keep your registration certificate safe

It might sound like a hassle, but think of it as protecting your paycheck. While your music is protected automatically, if you copyright your songs, you get more legal leverage, and it can be the official proof you use in infringement cases.

Ed Sheeran has faced multiple copyright lawsuits over songs like "Thinking Out Loud" and "Photograph." In each case, having proper copyright registrations was critical to his defence and settlement negotiations.

How Do I Check if Music is Copyrighted?

Unless someone shouts from the rooftops (or, you know, labels it clearly) that it’s public domain or copyright-free, it’s safer to assume a song is protected by copyright.

If you’re in the U.S and the music was published before 1929 (as of 2025), there’s a good chance it’s in the public domain. If it was published after 1929, it’s still likely under copyright, unless someone explicitly released it into the public domain or gave it a Creative Commons tag.

If you need official confirmation, here are some great resources:

U.S. Copyright Office

Performing Rights Organizations (PROs)

These databases list registered songs for royalty tracking:

Cover Songs: How to Respect Copyright Law and Release Them Legally

Releasing a cover song is a fantastic way to connect with new audiences. Just ask any artist who’s reinvented a classic to make it their own. 

Whitney Houston’s powerhouse rendition of “I Will Always Love You” might be the song you belt in the shower, but did you know it’s a cover of Dolly Parton’s original from 1974? With Houston’s magic touch in 1992, the track catapulted her to global superstardom and cemented its place as one of the best-selling singles of all time. Dolly Parton retained ownership and kept earning royalties from its success. Talk about a win-win! 

But you can’t just upload a cover to Spotify without handling the copyright first.

Here’s what you need to do:

  1. Secure a Mechanical License: A mechanical license lets you legally reproduce and distribute a song in audio-only formats like streams, downloads, or CDs, as granted by the copyright owner. Services like Harry Fox Agency (HFA) or Songfile make the process pretty painless.
  2. Report Usage: Every mechanical license comes with reporting requirements. You’ll need to document streams, downloads, or sales of your cover song. If you’re an independent artist, you might have to take care of this. If you’re with a label, sometimes they handle it. Even if someone else is managing the reporting, it’s crucial to stay informed to ensure you’re maxing out your royalties. 
  3. Don’t Mess with the Lyrics: Changing the words or melody of the original track could violate the “derivative works rights,” meaning you’ve altered the song and strayed outside the bounds of a licensing agreement.

If you’re covering a super-popular song, you’ll likely be able to handle licensing easily. But for obscure tracks or songs not published through a major company, you might need to go old school and get direct permission from the original copyright holder.

The Right of First Use: What Every Songwriter Needs to Know

The “Right of First Use” gives the copyright holder exclusive control over your song’s first commercial release. Until you've put the track out into the world, no one else can distribute or record it without your permission.

Once it’s released, though, things change. Anyone can cover your song, as long as they obtain a mechanical license. And while that might sound unnerving, it’s actually a good thing. It means more people can share your music (legally) while you still earn royalties from those licenses.

Take Control With Copyright: Your Music, Your Rights

You’re more than just an artist or a producer. You’re running your own business. Whether you’re recording tracks in your bedroom or managing a full-scale studio, your music is your product, and it should work for you. 

I know that registering songs, learning how different licenses work, and filling out forms doesn’t exactly scream excitement, but every time someone listens to your song or uses your work, you deserve to get paid. That’s why understanding copyright and music is such a critical piece of your career. Claim it. Protect it. Because if you don't, who will? 

The system wasn’t designed to benefit independent musicians. There are plenty of organizations that are making a profit from artists who don’t fully understand their rights. This is why it’s so important to educate yourself, ask the hard questions, and connect with tools and people who genuinely have your back. 

You already face plenty of challenges in a crowded industry. The last thing you need is someone else profiting from your creativity or taking credit for your work. Knowing your rights will help you pay your bills, fund your next release, and keep moving forward. 

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