Who Owns the Copyright to a Song? Demystifying Ownership Under US Law

Determining who owns a song's copyright involves understanding different creative contributions and legal principles under US Copyright Law. Here's a breakdown:

General Principle Of Copyright Ownership:

• The initial copyright ownership belongs to the creators who contributed original expression. This typically includes:
  • Music Score Composer/Melody Composer(s): Responsible for the music's melody, harmony, and structure.
  • Lyricists: Craft the words that complement the music.

Shared Copyright Ownership:

• When multiple individuals create a song with the intent of merging their contributions, it qualifies as a joint work. In this case, all creators become joint copyright owners. This usually applies to songwriters collaborating on both music and lyrics or multiple composers jointly creating a piece.

Exceptions:

• Employee-Created Works: If you create a song within your employment duties, the employer often owns the copyright. Consult your employment contract for specifics.
• "Made for Hire" Agreements: Independent contractors can sign agreements granting copyright ownership to the commissioning party for specified types of works like movie scores or songs commissioned for advertising.

Important Points Regarding Copyright Ownership:

• Copyright ownership is distinct from sound recording ownership. The artist performing the song might not own the composition copyright.
• Registration with the US Copyright Office is optional but strengthens legal protection and enforcement.
• Split sheets outline how royalties generated from the song are divided among creators and potential publishers.

Conclusion

Consulting a lawyer is recommended for specific copyright questions due to legal complexities and potential variations in individual situations.

By understanding these core principles, you can gain a clearer picture of song copyright ownership and navigate the music industry with increased knowledge!

Resources:

• US Copyright Office: https://www.copyright.gov/
• Stanford Law School's Copyright & Creativity Blog: 
• The Harry Fox Agency: https://www.harryfox.com/index.jsp