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THE COPYRIGHT AND SONG OWNERSHIP QUESTIONS | Paul Herman
It’s usually the first question asked.
typically happen only when there’s lots and everyone involved if these issues are settled
lots of money at stake, because that’s the only upfront, rather than after-the-fact.
Working for CCLI, I’ve sat on a number of thing that makes a legal dispute worthwhile. If panels and forums at songwriting seminars, you’re a new songwriter/artist with little or no First, for co-writers on a song, you’ll want to
conferences, retreats, intensives, etc. and distribution or following, there’s no practical settle the question of “writer splits” or the
during the Q&A time, someone will inevitably reason for anyone to try and steal your songs. percentage of ownership right from the start.
ask the copyright question. How do the industry pros handle it? Well, in Typically, splits are equal. If there are 2 co-
writers, it’s 50-50. If it’s 3, it’s 33.33 three ways,
“How do I copyright my songs?”
Copyright
I have two very succinct answers:
1. “They probably already are.”
2. “Don’t worry about it so much.”
It usually comes as a surprise to most new
songwriters that, as soon as lyrics are written
down (or typed) or a rough recording of a
song is made, it immediately has copyright
protection. Yes, even without any copyright
notice. Even without a circle C.
In
legal
terms,
a
“tangible
and maybe you can draw straws for the extra
medium
of
expression” (like a lyric sheet or song recording)
provides a songwriter with immediate copyright
protection, under the Berne Convention, the
international agreement governing copyright
protection for member countries. The U.S.
joined the Berne Convention in 1989.
.01%.
disputes That’s typically the standard, but there are
over songs 95% complete, but let’s say a different writer
exceptions. For instance, a song might be 90-
comes in at the end and contributes 1 or 2 lyric
lines. I’ve been that person a couple times, and
typically
I’ve felt like my contribution was worth maybe
happen only
when there’s
5% of the pie, and not a full share. Yes, I know
there’s a certain parable that gives Scriptural
precedent for a full share, but I’d rather defer.
Here’s a pro tip: handle these situations
lots and lots graciously and even generously among your
of money at relationships, and the last thing you want is a
stake...
co-writers. Writing songs together is all about
dispute and a reputation of being difficult to
work with.
Next, if you work for a church/ministry and you
For those seeking additional assurance of
write songs “on company time,” it’s possible
copyright protection, maybe you’ve heard the those same forums and panels I mentioned that those songs could be considered “work-
myth of mailing yourself a copy of the song via earlier, the representative for one of the largest for-hire.” It all depends on the agreements you
registered mail. That’s just what it is - a myth. Christian record labels said that they will only make. Again, it’s much better to handle this
Don’t bother. Especially these days, when a file copyright registration once a project is issue upfront. If not, and a dispute arises later,
simple YouTube video is already time-stamped. finalized and ready for release. And even then, it can get messy.
he often questions the value of the staff time
Yes, you can register your songs with the U.S.
If you’re wondering, yes, this article is considered
and money to do it.
Copyright Office, if it helps you sleep better
intellectual property and is copyright-protected
at night. And it does provide an extra layer THE TWO SONG OWNERSHIP QUESTIONS YOU as a tangible medium of expression. If you want
of protection in a legal dispute. Rather than SHOULD BE ASKING INSTEAD to share it, re-post it or re-publish it, just ask
seeking actual damages (which are difficult to
me. I’ll probably say yes.
establish) copyright registration allows you to If you co-write songs and/or if you are on staff
seek statutory damages. at a church or ministry and one of your duties
is songwriting, there are a couple issues that
But let’s be real. Copyright disputes over songs
48
are much more relevant. And it’s better for
January 2019
Paul Herman
As a songwriter, worship leader and team member,
and serves as CCLI’s Content Creator in the U.S.
Service Center in Vancouver, Washington.
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