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Writer's pictureTerry Bowen

My Approach to Copyright Registration

As a creator, whether you are a writer, artist, videographer, songwriter, or music producer, your works are extensions of your unique vision and hard work. Protecting these creations is vital, and one effective way to do so is by registering them with the US Copyright Office.


But is the time, energy, and expense of copyright registration worth it for creations that don't hold the promise of bringing in significant money?  In my songwriting and music production journey, I've struggled with this question quite a bit.  I'll share some of my personal conclusions on this topic later in the article.

A long and winding staircase

 

First, some basics.  Copyrights can be registered electronically through the U.S. Copyright Office's copyright.gov website.  But, you don't have to register to have a valid copyright in your works.  A copyright is automatically created in an original work upon its fixation in a tangible form of expression. Even so, there are benefits to copyright registration.

 

Benefits of Copyright Registration.

 

Legal Protection.  Registration provides effective proof of ownership, which is important if you ever need to bring legal action against someone using your work without permission. 

 

Enhanced Legal Remedies.  Registration grants the right to seek statutory damages and attorney's fees in court, which can be a significant advantage over only being able to claim actual damages.

 

Deterrent Effect.  Having your work registered can serve as a deterrent to potential infringers who might think twice before using your copyrighted material without permission.

 

Establishing Timing.  Registration can help establish when your work was created, which can be helpful in an infringement dispute involving two "substantially similar" works where copying is suspected but not clear.

 

For works being promoted by a publisher or promoter, or where you have an established following you can leverage to help monetize your work, copyright registration is probably a no-brainer.  In fact, if you have a publisher, they may register your published works for you (please just be sure to confirm this with them). 

 

But what if you're just starting out, and throwing your works into the void, realistically not expecting to bring in more than a few pennies here, and a few dollars there, until you get discovered?  In this situation, registration is more of a dilemma.   Registering a work with the Copyright Office isn't terribly expensive, especially if you bundle your works into group registrations, but the cost can still seem prohibitive in the early stages of your career.  As of the writing of this article, the cost to register an album of songs electronically through copyright.gov, for instance, is $65. Plus, there's the work that goes into completing the registrations.

 

So if you are an independent creator just starting out, should you register all your works despite the costs?  Or if you choose to forego registration early on, then when should you start registering?   Obviously, this is an individual choice you'll have to make for yourself.  I certainly don't claim to have the answer that works for everyone. 

 

I will, however, briefly share the general approach I have taken in my songwriting and music production endeavors, with the caveat that I understand and accept that I'm taking some level of risk by not registering every single work I create and put out into the world.


My Approach

 

  • If I write a song that another artist performs and releases, I make sure the song is registered.

  • For instrumental tracks that I've composed and produced, and then have placed into production music libraries for licensing opportunities, I have not been registering those.  But, I have not yet generated any high-profile, or high-paying, placements through these libraries. If that changes, I may consider registering some or all of these.

  • For songs with vocals that I write and perform (which is not very many, because I don't really consider myself an artist), I also take a wait-and-see approach.

 

Similarly, I haven't registered my blog articles or articles I've posted on Medium, but if these articles start bringing in considerable income at some point, I may consider it.

 

So, to be concise about my approach - it is all about the money and the risk.  If I get to the point where I'm making enough money off of a work that I'd consider bringing legal action against someone who copied that work, then I'll probably register.  Also, if my works start gaining more attention and making more money, I might be more at risk for being the target of a copyright infringement action from someone else claiming my work is substantially similar to theirs (even if unintentionally so).  And if a musical artist performs and releases something I've written, then I want to register that work because (i) there's probably a better chance for that song to bring in royalties if performed by a legit artist, and (ii) I have less control over what is being done with the song.

 

I hope my perspective on this topic has been helpful.  I would love to hear your thoughts on this topic.  Please leave them in the comments.

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