{"id":5049,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/sound-recordings.html"},"modified":"2024-05-22T02:27:26","modified_gmt":"2024-05-22T07:27:26","slug":"sound-recordings","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/sound-recordings.html","title":{"rendered":"Copyright Registration of Sound Recordings"},"content":{"rendered":"\n
\n \n
\n

Copyright Registration of Sound Recordings<\/h1>\n
\n
\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You may have composed the words and music to a new song<\/a> you are sure will be in a TV commercial. Even though you recorded it and have common law copyright protection, you should take the steps to get further federal copyright protection. You can do that and several other actions to protect your sound recording.<\/p>\r\n

Your sound recording can be extremely valuable. Historically, in the music business, the record company owned the sound recording copyright<\/a>, not the composers. Today, it is far more common to see writers or publishers owning the sound recording because it’s easier to self-distribute. The internet and music streaming services like Spotify and Pandora make it easier for up-and-coming composers and artists to share their work.<\/p>\r\n

This article helps you understand copyright law and how to register your sound recording with the United States Copyright Office.<\/p>\r\n

Copyright Law Basics<\/h2>\r\n

The Copyright Act<\/a> is a U.S. federal law that governs copyright protection and enforcement. The Copyright Act provides the legal framework for registering and enforcing copyrights. In the United States, the United States Copyright Office<\/a> handles copyright registration. Copyright registration establishes a public record of the copyright claim. The registration system for copyright varies by country.<\/p>\r\n

Copyright ownership grants exclusive rights to the copyright owner. Having a copyrighted work includes the right to distribute copies of the work, reproduce the sound recording, and perform and display the sound recording in public. Specifically, copyright protection grants protection of derivative works. Derivative works are new works derived from existing copyrighted works.<\/p>\r\n

Copyright protection gives copyright owners legal recourse in case of copyright infringement. Copyright infringement happens whenever another person or business uses copyrighted work without permission. Attorney fees in copyright infringement cases can go to the winning party. Copyright infringement cases also grant statutory damages<\/a>. Statutory damages are pre-determined amounts set by the Copyright Act<\/a>.<\/p>\r\n

No copyright infringement exists if someone uses a work in the public domain<\/a>. Public domain refers to works that are not protected by copyright. Public domain works do not need permission for their use. These works, like the "Happy Birthday" song, are freely available for use by the public.<\/p>\r\n

If you want to know how to copyright your sound recordings<\/a>, follow these steps to register your music, drama, or lecture recording with the U.S. Copyright Office<\/a>.<\/p>\r\n

Step 1 – Determine Eligibility<\/h2>\r\n

Make sure your work is a sound recording<\/a>. Under the Copyright Act<\/a>, sound recordings are "types of works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Common examples include recordings of music, drama, podcasts, or lectures.<\/p>\r\n

Ensure that your sound recording meets the eligibility requirements for copyright protection. Sound recordings must be original works fixed in a tangible form, such as a digital file, CD, or vinyl record. It is distinct from the underlying musical composition or musical work. The musical composition or musical work refers to the underlying lyrics and arrangement.<\/p>\r\n

Some examples of eligible sound recordings:<\/p>\r\n