How to Copyright Music and Songs (Before You Lose the Rights to Monetize Them)

This guide is intended for singers, songwriters, composers and musicians, to help undeerstand music copyright, where copyright registration becomes useful, what copyright protects in music, the common mistakes musicians make, and when to register or document your work so you can prove ownership if you ever need to defend a claim.

For most songwriters and composers, their music career starts the same way. You have an idea. Maybe it's a melody that won't leave your head. A chord progression you keep coming back to. A lyric that means something. Music copyright is the furthest thing from your mind.

You take a sound recording, very rough versions to start. Voice notes. Demos. Then you refine it. Layer instruments. Adjust timing. Rewrite sections. Re-record vocals on a particular work.

Eventually, the track or music recording is finished. You export it. Upload it to SoundCloud or Spotify. Enable monetization.

Then your music is live. People start listening.

Engagement builds.

Income starts to slowly build in the form of royalties being paid.

The Message That Stops Everything

Subject: SoundCloud Monetization Request Rejected

Hey there,

Your SoundCloud monetization request, Gaia Calling BINAURAL 432Hz, has been rejected:

Cannot monetize unofficial remixes, covers or content with uncleared samples without proof of rights. If you have the rights to monetize this content please resubmit and upload a license or documentation to your monetization submission for review. Thanks!

If you feel this is an error, please reach out to us at our Help Center.

— SoundCloud for Artists Compliance

At first, it looks routine. Then you realise what it means.

Your track cannot be monetized without proof of rights.

Music Copyright Law

The law around music copyright is relatively straight forward: copyright exists automatically as soon as lyrics for a song are written down, sheet music is created or the music track is fixed in a recording.

You automatically own the copyright of your musical works without needing formal registration for copyright to exist.

However, for songwriters and composers, copyright registration secures stronger evidence you can rely on later, should you need independent, verifiable proof of ownership.

Independant, third-party copyright services can provide a time-stamped record as a digital certificate that can be shared in the event of a copyright dispute or infringement case.

This is especially true if you plan to release your songs with music publishers, self publish, monetise them in the public domain, distribute licenses and collect royalties or even just offer them as digital downloads.

Music publishing platforms and music industry partners such as Soundcloud and Spotify, may accept your sound recording, but as you can see by this email, when revenue disputes arise, or takedowns appear, they will want evidence that you are the rights holder and you must be able to prove the copyright of your musical works.

If samples from other works are used in your songs, you should be aware that this requires permission or licenses to be obtained to avoid copyright issues.

As an important side note, it should be noted that generally, copyrighted works is typically owned for 70 years after the creator's death.

"When I Made This” Isn’t Enough

Even though you created the track, and yes - music copyright is automatic, platforms can, and do ask for proof.

Replying with a smartly written message explaining copyright law under the Berne Convention, states that copyright is automatic, which is factually correct, isn't likely to satisfy the platform and it will have its own requirements when it comes to copyright infringement.

Requirements where the burden is on you to provide independent, verifiable proof of copyright ownership.

Without it, monetization is rejected and income stops.

Music Copyright Ownership vs Music Copyright Proof

Yes. Copyright is automatic when you create and record music in a tangible form.

Copyright protection is automatic once the lyrics, music, sound recording is in a tangible form.

Ownership is automatic. Proof is not.

Music publishing platforms often need proof from recording artists that they are the rights holder. Being able to prove that, keeps your musical works protected.

A Real Outcome: From Rejection to Approval

Subject: SoundCloud Release Approved

Hi there,

Congratulations, your release Gaia Calling BINAURAL 432Hz has been approved and will be delivered to stores shortly.

If you chose to send your release to Peloton or Pretzel, you may need to take further action as these are both curated platforms with additional requirements. For Peloton, you must also opt in via Music Reports Publisher in order for your music to be available for programming on the Peloton platform. Follow the steps in this document to opt in and complete the catalog submission process. For Pretzel, you must fill out this form in order for your music to be available there. Please note: we cannot guarantee placements on either platform.

Now make sure it gets heard by as many people as possible. Pitching your tracks to DSPs is an essential component of any release plan. Visit the Promotion section of SoundCloud for Artists to find pitching opportunities and promo tools.

— SoundCloud for Artists Support

"Congratulations, your release has been approved and will be delivered to stores shortly."

Same track. Same creator.

The difference was proof of ownership.

What Counts as Proof for Sound Recordings

• Third-party, independant timestamped records
• Metadata capture from digital files
• Cryptographic file hashes
• Verified ownership records

Following the advice of the European Union, song writers and music composers would be wise to register their lyrics and music and the time of creation, but certainly before adding their copyrighted works to music platforms and into the public domain or any public performances.

Copyright services such as Protect My Work provide timestamped digital certificates including file metadata and cryptographic verification.

These are accepted as proof when verifying rights for platforms such as SoundCloud.

Why Timing Matters

The US Copyright Office takes months to process registrations, and many platforms do not accept unconfirmed applications as proof or "Copyright applications not yet confirmed” to quote the exact terminology.

In these cases, even if you have made an application to the US Copyright office, musicians are left in limbo whilst the application is pending confirmation.

A wait that can be significantly extended by all-to-common annual US government shut downs.

Music Copyright For Groups and Bands

Copyright when it comes to groups and bands can get complicated.

Copyright law by default generally sees the interests of each band member as equal among all contributors unless there is a written agreement otherwise.

A song created as a band with all members contributing, is legally considered a "joint work". The law presumes that every co-author contributed to the final product and therefore owns an equal, undivided share of the copyright, regardless of who wrote the most lyrics or who came up with the main melody.

Therefore, if there are four band members in the room contributing to the track, the default legal split is 25% each.

Band members should document ownership splits and contributions with written agreements and perhaps most importantly, agree on any financial compensation splits that may come from royalties.

Common Mistakes Musicians Make

• Assuming that adding songs to music platforms proves ownership
• Relying on source files on their own
• Holding a physical copy in an envelope
• Releasing music into the public domain or making a public performance before registering copyright protection
• Waiting until a copyright infringement or other copyright issue occurs

Most issues occur because proof was not created early enough.

When Should You Seek Copyright Protection for Your Music?

Before uploading, sharing, making a public performance or distributing your track.

Best Practices for Registering Copyright Protection

• Finish creating your music, track or sound recording
• Register and Upload songs to a third-party, copyright service like Protect My Work
• Generate a shareable digital certificate
• Store your drafts, work files and sound recording securely

Final Thought

Music has never been easier to create and share.

But platforms rely on verification, not assumption.

Copyright gives you the right to your work. Proof is what allows you to keep it.

In the UK and many other countries worldwide, there is no formal registration system for copyright. As per the European Union guidance, who recommend registering your work with third-party copyright service such as Protect My Work, in the event of a copyright infringement or dispute the proof required to settle legal actions can be generated quickly and easily.