Music Copyright Basics
Foundational Guide
Feb 1, 2026
Music copyright is the legal ownership of a creative work. The moment you write a melody and fix it in some form, whether a voice memo, a notebook, or a DAW session, you own a copyright. When you record that melody, you create a second copyright. These two rights determine who earns money from your music, who controls how it gets used, and who holds that power for the rest of your life and 70 years beyond it.
Most artists skip copyright education because it feels like paperwork meant for lawyers. Then one of three things happens: they sign a contract that gives away their masters without understanding the cost, they discover someone using their music without compensation and have no legal standing to do anything about it, or they co-write a song and spend months in a royalty freeze because nobody documented the splits. All three are preventable.
The basics are simpler than the legal industry makes them sound. This guide covers what you need to know and what you need to do.
The Two Copyrights in Every Recorded Song
This concept appears in our royalties guide, but it is the foundation of everything in copyright law for music artists, so it bears repeating here with more depth.
Every recorded song creates two separate, independent copyrights.
The composition copyright covers the underlying musical work: melody, lyrics, chord progression, and arrangement. If you wrote the song, you own this. If you co-wrote it, you share ownership with your co-writers. The composition exists independently of any recording. If 10 different artists record your song, there are 10 different sound recordings but only one composition. The composition copyright is the basis for publishing royalties, mechanical royalties, and the composition side of sync licensing.
The sound recording copyright covers the specific recorded version: the master file that came out of your session. This is the audio itself, not the underlying song. If you funded and directed the recording, you own the master. If a label paid for the session, the label typically owns it. The sound recording copyright is the basis for streaming royalties, neighboring rights, and the master side of sync licensing.
Why the distinction matters in practice. When a music supervisor wants to place your song in a TV show, they need two separate licenses: one for the composition (from the songwriter or publisher) and one for the sound recording (from the master owner). If you are an artist who wrote and recorded your own music, you control both sides and can negotiate the full deal. If you signed your masters to a label, the label controls the recording license and you only control the composition side. This is why "owning your masters" is not an abstract concept. It is a concrete question of who collects money and who approves usage every time an opportunity appears.
How Copyright Is Created
Copyright protection is automatic. It attaches the moment you create an original work and fix it in a tangible medium. Recording a voice memo of a melody creates a copyright. Typing lyrics into a notes app creates a copyright. Laying down a track in your DAW creates a copyright.
You do not need to register with any government office to own your copyright. The protection is automatic under US law and under the Berne Convention, which covers most countries worldwide.
You do not need the copyright symbol (©) on your work. While it was once required in the US, it has not been since 1989. Including it does no harm, but its absence does not affect your rights.
What copyright protects. Your specific creative expression. The particular melody you wrote, the particular lyrics you chose, the particular arrangement you created.
What copyright does not protect. Ideas, concepts, genres, chord progressions (in most cases), rhythms, or general musical styles. You cannot copyright "a song in the key of G with a four-chord progression." You can copyright the specific melody and lyrics you wrote over that progression. This is why hundreds of pop songs share the I-V-vi-IV chord pattern without any of them infringing on each other.
Why Registration Still Matters
Automatic copyright gives you ownership. Registration gives you the ability to enforce that ownership when it counts.
What federal registration gives you:
The ability to file a lawsuit. In the US, you cannot bring a federal copyright infringement lawsuit unless your work is registered with the US Copyright Office. Without registration, you can send cease-and-desist letters, but if the other party ignores them, your options are limited.
Statutory damages. If you register your work before infringement occurs (or within 3 months of publication), you can claim statutory damages of up to $150,000 per work. Without timely registration, you can only claim "actual damages," which means proving the exact dollar amount you lost. For a song, this is nearly impossible to calculate precisely, which means you often recover very little.
Attorney's fees. Timely registration also makes you eligible to recover attorney's fees from the infringer. Without it, you pay your own legal costs even if you win. This is the difference between a lawsuit being economically viable and being a money pit.
Public record. Registration creates a public, timestamped record of your claim. In disputes over who wrote what and when, a registration certificate is powerful evidence.
How to register. File online at copyright.gov. The fee is $65 for a single work (one song). For multiple songs, use a group registration: up to 10 published songs can be registered together for $85 total. The processing time is 3-6 months, but your protection dates back to your filing date, not the processing date.
The practical minimum. Register every release with the Copyright Office after publication. Use group registration to keep costs manageable. A 10-song album costs $85 to register. That is less than a single studio session and protects the work for your lifetime plus 70 years.
Ownership and What It Controls
Copyright ownership determines three things: who earns money, who approves usage, and who can transfer or sell the rights.
Artists Who Own Their Rights (Default)
If you write your own songs and pay for your own recordings, you own both copyrights entirely. You control all licensing decisions, all revenue, and all future usage. This is the default for any artist who has not signed a deal transferring those rights.
Record Deals and Masters
Most traditional record deals transfer ownership of the sound recording to the label. The label funds the recording (studio time, production, mixing, mastering) and in exchange owns the master. The terms vary: some deals transfer ownership permanently, others for a set term (often 7-15 years) after which rights revert to the artist.
During the ownership period, the label controls who can license the master, collects the master-side royalties, and takes the majority share (typically 80-85% of streaming revenue, with 15-20% going to the artist). This is the core economic trade in a traditional deal: the label provides capital and distribution in exchange for ownership and the majority of master-side revenue.
This is also why artists who own their masters earn more per stream than signed artists. The per-stream rate is the same. The split is different.
Publishing Deals
A publishing deal involves the composition copyright. You assign some or all of your publishing rights to a publisher who administers your catalog: collecting royalties, pitching songs for sync, and managing licensing.
Admin deals are the lightest. The publisher handles collection and administration, takes 10-20%, and you retain ownership.
Co-publishing deals split ownership. Typically 50/50 between you and the publisher, with the publisher taking their share of both ownership and income.
Full publishing deals transfer the composition copyright to the publisher. You receive an advance and ongoing writer royalties, but the publisher owns and controls the composition.
For a complete breakdown of publishing deal structures, advances, recoupment, and how to evaluate an offer, see Music Publishing: How It Works and When You Need a Publisher.
For most early-career artists, neither a label deal nor a publishing deal is necessary. You can distribute your own music, collect your own royalties (through PROs and The MLC), and retain full control. Deals become relevant when the infrastructure and reach a partner provides justifies the percentage you give up. For the full guide to evaluating a label offer, see Record Deals Explained. For publishing deals specifically, see Music Publishing: How It Works and When You Need a Publisher.
Co-Writer Ownership
If you write a song with another person, you are joint owners of the composition by default under US law. Either co-owner can license the composition without the other's permission, but both must share the revenue according to their agreed split.
This default can create problems. One co-writer could license the song for a use the other finds objectionable, and the only recourse is the revenue split, not the ability to block the usage. Written agreements between co-writers can override this default and require mutual approval for licensing decisions.
Split Sheets: The 5-Minute Insurance Policy
A split sheet is a one-page document that records who wrote what and who owns what percentage of a composition. It should be completed the day the song is written, before anyone walks out of the session.
What a split sheet includes:
Song title
Date written
Each writer's legal name
Each writer's PRO affiliation and IPI/CAE number
Each writer's ownership percentage
Whether any writer's share is administered by a publisher
Signatures from all parties
Why it matters. Without a split sheet, royalties from the song are either frozen (because the PRO cannot verify ownership) or distributed based on default assumptions (equal splits) that may not reflect reality. Disputes over splits are one of the most common reasons royalties go uncollected. The split sheet prevents the dispute from existing in the first place.
The conversation nobody wants to have. Discussing money with creative collaborators feels uncomfortable. That discomfort is exactly why it needs to happen in the moment, when everyone is excited about the song and on good terms. Not 6 months later when the song is generating income and both parties remember the session differently.
Sampling and Interpolation
Using someone else's music in your own work requires permission. There are two types of usage, and they require different licenses.
Sampling is using a portion of someone else's sound recording in your track. A drum break, a vocal chop, a melodic phrase lifted directly from an existing master. Sampling requires two licenses: one from the master owner (usually the label) and one from the composition owner (the songwriter or publisher).
Interpolation is re-recording a portion of someone else's composition. You play or sing the melody yourself rather than using their audio. Because you are creating a new recording, you only need a license from the composition owner. No master license is required.
What clearance costs. A recognizable sample from a well-known song can cost $10,000-$100,000+ in upfront fees, plus an ongoing royalty share (often 25-50% of your song's publishing). Less recognizable samples cost less. Some rights holders refuse clearance entirely, which means you cannot legally use the sample at any price. Interpolation is generally cheaper because you only need one license instead of two.
What happens if you do not clear. If you release a song with an uncleared sample, the rights holder can demand all revenue from your song, force every platform to remove it, and sue for damages. This is not theoretical. It happens regularly, and platforms remove infringing content quickly when rights holders file claims.
The rule. Clear the sample before release. If clearance is too expensive, interpolate. If interpolation is too expensive, write an original part inspired by the feeling. In the era of automated audio fingerprinting, uncleared samples get flagged faster than ever.
Fair Use: What It Actually Means
Fair use is the most misunderstood doctrine in music copyright. It allows limited use of copyrighted material without permission for specific purposes: criticism, commentary, education, parody, and news reporting. It does not provide a blanket exception for using music however you want.
Common misconceptions that are wrong:
"If I use less than 30 seconds, it is fair use." There is no time threshold. Courts evaluate the quality and importance of the portion used, not just the quantity. A 3-second sample of the most recognizable hook in a song can infringe.
"If I give credit, it is fair use." Attribution is a professional courtesy. It is not a legal defense. Crediting the original artist does not replace the need for a license.
"If I am not making money from it, it is fair use." Non-commercial use is one of four factors courts evaluate, but it does not guarantee fair use on its own. Non-profit organizations have lost fair use cases.
When fair use applies. A music critic quoting a brief melodic phrase to analyze composition technique. A teacher playing a song excerpt in a classroom for educational discussion. A comedian creating a parody that comments on the original work. Each case is evaluated on four factors: purpose of use, nature of the work, amount used, and market impact.
The practical rule for artists. If you are using someone else's music in a commercial release, do not rely on fair use as a defense. Obtain a license.
Work-for-Hire and Session Players
When you hire people to contribute to your recordings, the default copyright ownership depends on the legal arrangement.
Session players who work under a work-for-hire agreement do not own any copyright in the recording. They are paid for their performance and you own the master. Without a written work-for-hire agreement, a session player could argue they are a co-creator of the sound recording and claim a share.
Producers are more complex. Some producers work under flat-fee, work-for-hire arrangements. Others negotiate "points" (a percentage of the master royalties, typically 2-4 points, where one point equals 1% of the royalty). Some producers who contribute to the melody or arrangement also negotiate a composition split, separate from their production points. All of this should be agreed in writing before production begins.
Best practice. Have a simple, written agreement with every collaborator. One page. It states who owns the master, who owns the composition (if relevant), what percentage each party receives, and whether the work qualifies as work-for-hire. Both parties sign. This prevents disputes that can freeze releases and royalties.
Protecting Your Work Online
Copyright infringement online is common. Here is how to handle it.
If someone uses your music without permission:
Document the infringement: screenshot, URL, date, description of the use.
File a DMCA takedown notice with the platform hosting the content. YouTube, Instagram, TikTok, SoundCloud, and Spotify all have DMCA processes accessible through their help or legal pages.
The platform is legally required to remove or disable access to the content within a reasonable time after receiving a valid notice.
If the use is significant or ongoing, consult an entertainment attorney about further action.
If someone claims your original music infringes their work:
Do not panic. False claims happen frequently, especially on YouTube through Content ID mismatches.
If the claim is incorrect, file a counter-notification through the platform's dispute process.
If the claim might have merit (similar melody, unintentional interpolation), consult an attorney before responding. Your response can have legal implications.
Common Mistakes
Not registering with the Copyright Office. Automatic protection exists, but without registration you cannot sue and cannot claim statutory damages. For $65-$85 per release, registration is the cheapest insurance you can buy.
No written agreements with collaborators. Verbal agreements are technically enforceable but practically impossible to prove. A split sheet takes 5 minutes and prevents disputes that can last years.
Assuming credit means ownership. Being listed as a songwriter on Spotify does not mean you are registered as an owner with your PRO, The MLC, or the Copyright Office. Platform credits and legal registrations are separate processes.
Signing contracts without understanding transfer clauses. If a contract includes "in perpetuity," "exclusive worldwide rights," or "assignment of copyright," you need to understand exactly what you are giving up and what you are receiving in return. Consult a music attorney before signing anything that transfers copyright ownership. An hour of legal consultation costs $200-$500. Signing away your masters costs years of revenue.
Releasing uncleared samples. The clearance cost, however high, is almost always cheaper than the legal and financial consequences of getting caught.
Frequently Asked Questions
Do I own the copyright to a song I recorded in someone else's studio?
If you hired the studio and paid for the session, you generally own the master, assuming no agreement gives the studio ownership. If the studio or producer funded the session, they may have a claim. Written agreements prevent this ambiguity.
Can someone copyright a chord progression?
Generally, no. Chord progressions are considered too basic and common to receive copyright protection. Melodies, lyrics, and specific arrangements are copyrightable. This is why the I-V-vi-IV progression appears in hundreds of songs without legal conflict.
How long does copyright last?
For works created after 1978: the life of the author plus 70 years. For joint works, the life of the last surviving author plus 70 years. For works made for hire, 95 years from publication or 120 years from creation, whichever is shorter.
Do I need a lawyer?
Not for basic registration, split sheets, or PRO enrollment. You need a lawyer if you are signing a record deal, publishing deal, or any contract that transfers ownership. You also need one if you are pursuing or defending against an infringement claim. Many entertainment attorneys offer free initial consultations and can review a contract for a flat fee.
What is the difference between copyright and trademark in music?
Copyright protects the creative work (your songs and recordings). Trademark protects your brand identity (your artist name, logo, or catchphrase). Both are worth protecting if you are building a commercial career, but they cover different things and require separate registration processes.
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