Copyrighting Your Songs: What You Need to Know Before Registering with ASCAP or BMI

As a songwriter, you pour your heart and soul into creating music. It’s only natural to want to protect your work and ensure you’re compensated for its use. Two key steps in this process are understanding copyright protection and registering with performing rights organizations (PROs) like ASCAP or BMI. Let’s break down what you need to know.

Copyright Protection for Songwriters

Copyright law safeguards original works of authorship, including songs. The moment you create a song and fix it in a tangible form—such as writing it down or recording it—it automatically receives copyright protection. This means you have exclusive rights to reproduce, distribute, and perform your work. While registration with the U.S. Copyright Office isn’t mandatory, it offers additional legal benefits. For instance, if someone infringes on your copyright, having your work registered allows you to sue for statutory damages and attorney’s fees.

Performing Rights Organizations (PROs)

PROs like ASCAP (American Society of Composers, Authors, and Publishers) and BMI (Broadcast Music, Inc.) play a crucial role in the music industry. They collect royalties on behalf of songwriters and publishers whenever their music is publicly performed. This includes plays on the radio, live venues, and streaming services. By registering with a PRO, you ensure that you receive fair compensation for the public use of your music. 

Do You Need to Copyright Your Songs Before Registering with ASCAP or BMI?

It’s a common misconception that you must register your songs with the U.S. Copyright Office before joining a PRO. In reality, these are separate processes. You can register with ASCAP or BMI without having your songs officially copyrighted. However, registering your copyright provides legal advantages, especially if you need to enforce your rights in court.

My Personal Experience

When I started my songwriting journey, I was eager to share my music with the world. I joined a PRO to ensure I received royalties for any public performances. However, I initially overlooked registering my songs with the U.S. Copyright Office. It wasn’t until a fellow musician advised me that I realized the importance of this step. Registering my copyrights gave me peace of mind, knowing I had legal backing to protect my creations.

Key Takeaways

• Automatic Protection: Your songs are automatically protected by copyright once they’re fixed in a tangible form.

• Registration Benefits: Registering with the U.S. Copyright Office provides legal advantages, such as the ability to sue for statutory damages in cases of infringement.

• Separate Processes: You don’t need to register your songs with the Copyright Office before joining a PRO like ASCAP or BMI.

• Royalty Collection: PROs ensure you get paid when your music is publicly performed.

Understanding the distinctions between copyright registration and PRO membership is crucial for protecting your work and ensuring you’re fairly compensated. Taking these steps not only safeguards your rights but also supports your growth and sustainability as a songwriter.