A checklist before you register a song

Copyright in an original song exists when the work is fixed in a tangible medium. Registration is a separate step, and for US works it is needed before an infringement lawsuit. This checklist covers the application, the deposit, and the timing notes in Circular 1.

Fix the song, then decide to register

If you are asking how to register copyright for music, start with the basics: an original song is protected once it is fixed, and registration is not mandatory. A copyright notice is not a substitute for registration. If your song is part of a larger project, our glossary can help with the terms you will see.

For context on ownership splits and written agreements, see what is a split sheet and copyright after a beat lease.

What the application needs

The Copyright Office requires a completed application, a nonrefundable filing fee, and a nonreturnable deposit copy. Online filing is offered through the electronic Copyright Office. We do not list the fee here, and if you want a process overview, the FAQ is a useful next stop.

Timing notes from Circular 1

What is the 3 month rule for copyright? If registration is made before infringement, or within three months after publication, the copyright owner may be eligible for statutory damages and attorney fees. Registration made before publication, or within five years after publication, is prima facie evidence of the validity of the copyright and the facts stated in the certificate.

The 35 year termination note

What is the 35 year rule in music? Authors or their heirs may be able to terminate certain copyright transfers or licenses after 35 years, but only if they serve advance notice and record it with the Copyright Office. Conditions apply, so this is not a promise that a transfer can be terminated.

For the underlying rule on duration, Circular 1 also says that for a joint work created on or after January 1, 1978, copyright generally lasts for 70 years after the last surviving author's death.

Not legal advice. Splitline does not grant a license, clear a sample, or pay royalties.