Should I Copyright My Song?

Should you copyright your song or use a third party protection service? According to the U.S. Copyright Office, copyright protection concerns original works fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced or otherwise communicated either directed or with the aid of a machine or device. In other words, if you write a song it qualifies for copyright. In fact, under U.S. Copyright Law, getting a copyright on your song is automatic and the process starts with the date of creation. Whether you record, write down or put it on a CD you have an automatic copyright. Now that you have a copyright on your song, should your register it with the U.S. Library of Congress?

The short answer is ‘yes’, of course, because the registration provides you with proof by a third party (the Library of Congress) that you created the song and your ‘date of creation’. Is registered. This provides evidence that it is yours if someone steals your material. Even though this option to protect intellectual property exists, the reality is that most songs go unregistered. Why? The price. Currently the registration fee is $65.00 (fifty-five) dollars per song and if there are more than one writer of the song, the fee is higher. So, as you can see, these registration fees can add up to a sizeable amount quickly. Hence, the emergence of companies who provide a ‘copyright protection alternative’ at an affordable price.

Some offer their service for as low as $3.95 per song. What they claim is that by registering your song with their service, they are a third party who will, in the event of possible copyright infringement, provide proof that you wrote the song. In other words, they act as a poor man’s Library of Congress and will hold a record of your claimed ‘date of creation’ of the song. This sounds great, but no. First, current copyright law mandates that to take any legal action in court, a copyright must be registered with the Library of Congress. Without it there is no case. So, if someone steals your song you cannot even take them to court. That is the biggest reason why registering is so important. Another reason is that the Library of Congress will never go out of business. It was created by Benjamin Franklin under George Washington’s administration and has been in existence ever since. Even if these third-party registration services were selling a product that would protect your song in court, what happens when they go out of business? Plus, when your song is registered it can be researched. Anyone can do a copyright search to see if they are writing a song that is exactly like yours (or any other, for that matter). Third party song registration companies just simply cannot provide the broad-based exposure and access that the U.S. government can.

Lastly, whey you register your song it is housed in the Library of Congress along with all of the registered great works created in America. It is truly a remarkable creative legacy and for the price of registration you are a part of that legacy. But again, the most important reason to file with the Library of Congress is that you are investing in your art, asserting your right as an artist, and placing a claim on your creation that is court-tested. If you register your song with a third-party protection service, you are not really doing anything but throwing away your money. So, if you cannot afford to register your song, save your money until you can. Dignify your work with a real, legal copyright registration with the U.S. Library of Congress.