How To Register Songs As A Co-publisher Ascap

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— this is not legal advice (for that please contact a local attorney) —
this is public information to help you begin your ain due diligence

→ What Are Your Rights as a Composer?

Known every bit "intellectual property rights," these rights are granted by federal constabulary (with more 160 countries having treaties honoring each country's intellectual property laws, see our FAQ #ix). These are "ownership" rights that usually got to the actual composer(s) of the original work, both the melody and the lyrics. Included is the exclusive right to basically do whatever you desire with the material y'all write (while no one else can, without your permission or without paying royalties).

If the song has just a single songwriter, figuring out who holds ownership is pretty easy. Problems, even so, can arise when multiple composers are involved. If there's no prior agreement among multiple composers, the police mostly assumes that everyone has an equal interest. Then if yous DON'T want information technology to exist that manner, brand sure you have a separate written understanding which specifies what percentage each songwriter has contributed, or how to otherwise split ownership for purposes of future royalties, auction of publishing rights, etc. We've written a short commodity on this subject here.

→ Songwriters Under Hire

An exception to the actual composers of the fabric owning the rights is when they are "under hire" by someone else. If the songwriter(s) are employed by a person or company to specifically write lyrics and/or melodies, so the person or entity "owning" the material is that person or company hiring the songwriter(s) to do that (and NOT the songwriter).

→ What Tin Exist Copyrighted

The textile protected can exist pretty much anything original - a beat, a total vocal, a musical instrumental, or simply lyrics or a poem. The creator of such cloth is granted these exclusive rights to make copies, or distribute, play it, or make new versions (or remixes) of the originals. This can also include the exclusive right to perform the song or musical slice in front end of others and, except for certain situations, other people demand to become the holder'southward permission before performing the work in public (one such exception is chosen the "fair use" exception, when, for example, someone who is reviewing the work uses part of it in that review. In such cases, no permission from the vocal'southward owner is needed).

(Ane indicate many don't realize is that vocal titles are Not copyrightable. That's why you've seen many books, movies and songs with same or similar titles. Only the bodily CONTENT is protected, not the title.)

And regarding exclusive rights, it works equally for both song possessor and members of the public. Simply as the song's owner can exercise what he or she wants with the material, so must the consumer HONOR the intellectual property rights of others! NOT doing then is not just illegal, it's also unethical. It's that one-time Golden Rule: Just equally you wouldn't desire someone else stealing your work, don't steal someone else's! (An example, without even realizing it, tin can come when you lot consider incorporating a "sample" of someone else's piece of work into your own material without offset getting permission or a license to do so. And since laws involving "sampling" get quite complex, we strongly urge you to speak with a lawyer before using samples.)

→ What Is Needed?

Many people, even some lawyers not familiar with these laws, are confused nearly the actual process and how it works legally. While it'south true that musical pieces behave automated protection under federal law every bit soon as they are first put into tangible (concrete) form, proving that you in fact have bodily ownership rights under federal law is an entirely different matter.

"Tangible grade" can mean many things: Writing downward your song on a piece of newspaper, recording it onto a CD, making a video or audio computer file of original material (such as an mp3 version). Original material is technically "copyrighted" – meaning protection attaches – from that moment on, without you having to do anything else! NO registration with the government is required. NO mailing copies to yourself. NO registering with a third party company is required!

Simply PROVING that you really wrote the original material, and when you wrote it, can be a huge problem... and usually is. And so registering your material, equally soon after writing it as possible, is non but a good idea, it's also the best way to ensure you have the necessary evidence to show that you lot wrote the material first — a key element in virtually all such disputes.

→ The Consequence

Theft of musical compositions is a much bigger problem than people think. There are many forms of it, ranging from the intentional, malicious stealing of i's work for the purpose of making money from it by challenge information technology every bit ane's own, to the UNintentional apply of someone else's composition (or a part of it) past just subconsciously remembering it after hearing it played so writing it down after, truly believing it is original! Simply EITHER is theft (meliorate known every bit "infringement" nether the law). And big penalties, amercement and injunctions may be awarded to the true owner as long as he or she can Show rightful ownership. Which is where this discussion – of what legally constitutes "ownership of an original artistic piece" – comes into play...

→ How Oftentimes Does This Happen? Should I Bother Protecting My Work?

The problem is significant enough that two major police schools, USC and Columbia, accept compiled a comprehensive study of the better known infringement cases involving allegedly stolen melodies and/or lyrics – both intentional and UNintentional – dating from the 1840's through the present – with the ability to compare declared stolen material and so you can decide for yourself.Click here for that. Those examples are worth noting for the sheer corporeality of money at stake, to both the infringer and true owner of the work in question — which should be enough to brand ALL composers question why they are not taking elementary steps to protect their work!

→ The Poor Man's Copyright

What is this? This is when a person mails a song he or she has just written to his or her own address and then doesn't open the envelope. The idea is that the postmark (or registered alphabetic character date) is supposed to act equally "proof" of when the song inside the envelope was written. But... practice Non rely on this method to protect your work!! Opposite to pop conventionalities, it is a myth, patently and uncomplicated, and offers NO legal evidence of copyright protection whatsoever! In fact, at that place is not ane single documented instance of this Always actually working!

And there are plenty of good reasons WHY this doesn't work — all centering on what lawyers call "issues of proof" and "hallmark." Showtime, information technology'southward just too like shooting fish in a barrel to tamper with an envelope without it looking similar you lot did, so don't wait the Court to observe that your "sealed" and "postmarked" envelope is admissible bear witness — it almost certainly won't exist. Second, there are too many ways to "game" the system using this technique. And third, your only witnesses for authenticating this technique are you lot, your own equipment, and/or your friends - all "biased" and untrustworthy nether the law. We've written an commodity on this subject field, describing this myth hither.

→ Length of Such Rights

The copyright-owner - whether that's the composer(s) or those hiring the composers - has sectional rights to all coin and benefits from the material for a certain menstruation of time. That time can vary from country to country, and can likewise depend on when and where the cloth was written. But in near cases this protection expires l to seventy years AFTER the death of the last living composer of the textile.

→ Final Points

If you lot want a fast and inexpensive way to maintain certified evidence of the key elements of your copyright protection – both, the tangible-course dates of your work and the verbal content of it at that time – don't risk your original fabric on an unproven copy-true cat service or on the mythical "poor man's" exercise-it-yourself method. Instead, use the global leader in contained music registration with a proven rail record - SongRegistration.com - equally tens of thousands of composers worldwide practice.

[Nosotros also recommend registering your textile with the Library of Congress as well, whether you do information technology immediately, or afterward registering them with united states of america, for several reasons: Get-go, federal registration does grant you lot certain "statutory" benefits which, although not necessary, can be beneficial, both money-wise and evidence-wise. Second, before filing an bodily infringement lawsuit in federal court, federal registration is commonly required.]

Bottom Line: One, Ever consult with a skillful intellectual property attorney. Two, ALWAYS annals your work as soon after creation as possible. Three, ALWAYS "police" the airwaves and all distribution outlets to brand sure no ane is stealing your material (considering fifty-fifty if your textile has lawful protection, no i checks for violations for y'all).

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And Happy Songwriting! - from the Staff at