Can I register a copyright for a musical composition and sound recording in one application? Answer: YES!

            Registering a copyright with the United States Copyright  Office at copyright.gov seems like it should be a fairly simple thing to do; go to the website, fill out the application, upload your copyrighted work, pay the fee, click submit, and you’re done.  However, it can be a daunting task once you get into the application and you are faced with legal questions about claimants, authors, types of work, and especially if you want to register more than one work in a single application, such as a musical composition and a sound recording of that work.  It is possible to register both the musical composition, i.e., the lyrics and music, as well as the sound recording of that music, in one application as long as certain criteria are met. 

            To register both the musical composition and the sound recording in one application you have to meet the following two requirements: (1) the musical composition and sound recording are embodied in the same phonorecord; and (2a) the claimant for both the musical composition and sound recording are the same; or (2b) the author(s) named in the application contributed to both works (i.e., both the sound recording and the musical composition).  To do this, you must use what is known as the “Standard Application”, rather than the “Single Application”.    

            For sake of clarity, a “phonorecord” simply put is a recording whether on a compact disc (CD), or digital form such as MP3 or WAV, or vinyl record.  The “claimant” of a copyrighted work is the person or company that owns the copyright.  The “author” is typically the original claimant, because the author is the one that created the work and fixed it in a tangible medium of expression, however if the work was created under the Works Made for Hire doctrine then the “author” is in fact (legally) the employer or the one that commissioned the work.  Also note that as to “2a” and “2b” above, if the authors have contributed to both works as required by “2b”, then all the authors are also “claimants” and therefore “2a” is also satisfied, however, if all of the authors have not contributed to both works to satisfy the requirement under “2b” but each author has assigned the copyright to one particular entity or person, then the requirement is satisfied under “2a”.

            An example of when you may register the copyright of a musical composition and sound recording in one application is when a songwriter performs and records his/her musical composition that he/she wrote, or when a record company owns both the musical composition and sound recording of that composition vis a vis the work made for hire doctrine or written assignment.   For more information about the work made for hire doctrine click the link above or click here to review the Copyright Office’s “circular 30” on the subject.  

            If you meet the above criteria, then the application itself should be simple.  You should read each page of the application carefully, click the help icons, read the “circulars” (such as circular 56a “Copyright Registration of Musical Compositions and Sound Recordings”) and make your way through the application.  Here is a summary of the steps on the copyright registration application to register your copyright with the United States Copyright Office at copyright.gov:

1. Go to copyright.gov;
2. click on “Register: Register a Copyright”;
3. log in to the Electronic Copyright Office (eCO) Registration System;
4. under “Register a Work” click “Standard Application”;
5. click “Start Registration”;
6. in the “Type of Work” field, select “Sound Recording” and click “Continue”;
7. enter the title of the work (i.e., the song title) click “Continue”;  
8. in the field “Has the work been published?” select “Yes” or “No” and click “Continue”;
9. enter the name(s) of the author(s) (i.e., the people that created the works) and what they contributed to (i.e., the “Sound Recording” or “Other”, for example “Music and/or Lyrics”, and click “Continue”;
10. enter the name of the “Claimant(s)” and click “Continue”;
11. enter any limitations on your claim to copyright, for example, if you licensed sounds or beats to use in your work or if you used something from the public domain.  If none, leave this section blank and click “Continue”;
12. if you want to, enter the name to be listed in public view on the registration for others to contact regarding rights and permissions (such as inquiries about licensing) and click “Continue”;
13. enter contact information for the Copyright Office to correspond with and click “Continue”;
14. enter an address for the Copyright Office to mail the copyright registration certificate and click “Continue”;
15. check the appropriate box if you need “Special Handling” such as an expedited application.  If you do not need expedited service or have any special handling requirements, then leave this page blank and click “Continue”;
16. fill out the certification that everything in the application you just filled out is true and accurate and click “Continue”;
17. review your application and click “Add to Cart”;
18. pay the required fee to the United States Copyright Office as prompted; and
19. upload a copy of your work (i.e., a sound recording and the written lyrics and if you have it, the musical composition) to the United States Copyright Office Library of Congress and click “Submit”.

 

            Again, this seems pretty simple, but once you get into it, you’ll find a lot of nuances and no doubt questions will arise.  As I noted above, read the pages carefully, click on the help icons, and review the circulars (like circular 30 and 56a linked to above).  These circulars are very informative and helpful; you can find a complete list of Copyright Office circulars here.  Also, the U.S. Copyright Office has a very helpful information line you can call with specific questions at (877)-476-0778.  If you find that you still need support, you can call and speak with an attorney at A.E.I. Law, P.C., The Hero’s Law Firm for guidance, counsel, and advice at (888)-423-4529 or email taylor@aeilaw.com.