This is the most common question we are asked regarding music copyright.

It is important to say that copyright in your own composition exists the moment you put pen to paper (or finger to string). In other words, you are the sole owner of the copyright in your own composition from the moment it is written. The reason to say this is because many people are under the impression that they need to 'copyright' their songs as if this were a standalone administrative process which, unless completed, would otherwise mean that your compositions were exposed to theft without you having a legal leg to stand on. This is not the case. You own the copyright in your own music. Period.

Of course, being the legitimate owner of your composition is one thing, but what if you should ever have to prove it? This is, in reality, the issue here.

Proving your copyright in a Composition

Copyright in a musical composition is the 'right to copy' a musical composition. This includes public performance, broadcast, CD pressing, printing of the musical score etc etc. The composer of the work exercises this right from the moment he or she starts and then completes the work. Composers very often need to then send out copies of their work to publishing companies and others and the worry is that a good musical idea will be stolen by a third party and then appear on a commercial recording by another artist with no credit given to the injured party - you!

The bad news is that this has happened and sometimes ends up in court. The good news is that it doesn't happen very often and composers shouldn't let fear of theft of their ideas stop them from getting their works heard - it's imperative to get your music heard!!

Since you already own the copyright in the composition you have to do nothing to legally establish this, (although it's probably a good idea to put your name on the top of lyrics sheets and CD copies of your music!). However, should you feel that your ideas have been stolen you would then need to prove your ownership in the music, possibly in a court of law.

The fundamental rule of thumb here is to be able to prove that, on a certain date, you declared your copyright in your music as the original composer. If you can do this, it's then up to the person(s) who have stolen your musical ideas to prove that they declared their copyright in the music earlier than yourself (an impossibility if you wrote the music!!). This is the basis of protecting your works from theft. You should be aware though that theft of your musical ideas may involve you in expensive court action if you want to establish your ownership. In addition it is sometimes a very grey area where perhaps the chorus of a song is disputed, or even a certain chord progression. Not an easy thing for a court of law to sort out so be aware that there are no water tight guarantees here. All you can do is protect yourself in the best way you can, and then get on with it. Before we get to the nitty gritty, it should be said that the last thing that bona fide publishing / record companies want is to be on the end of a copyright law suit, so, if they like your music don't worry - 99% of the time they will be looking to talk to you, not looking to steal your music!

Preparing a Sealed Copyright Package

Prepare a large jiffy bag containing a CD of your music, lyric sheet and, if available, a print out of a musical score (optional). Ensure the composers of the works are correctly marked on all items and sign a letter confirming your ownership of the works as original composer. Seal the jiffy bag and then get all composers to sign across the seal and then finish with some sellotape across the seal and signatures. You now have your sealed Copyright Package which should not be opened.

Either send this to yourself using registered post so that when you receive the package it has the postmark on it with the date. Stick the post office receipt to the package and store in a safe place. Alternatively you can lodge the package with your bank for a small fee, or even a solicitor (big fee). In this case you will have a letter or receipt to confirm date of lodging the package.

That's it, you now have your evidence of copyright in the works, established on a certain date that could be used, if required, in a court of law.

There used to be a more formal copyright process that involved registering your works, for a hefty fee, at Stationers Hall, in London. Unfortunately this copyright registration service is no longer available, but it was expensive any way, and because of this, quite impractical for the majority of young unsigned artists/writers, looking to protect their works. Their site is interesting all the same - www.stationers.org, and worth a visit.

There are also specialist services now available where you can use an agency to help you register your works. The only real advantage of registering your works with a third party such as a bank, solicitor or registration agency, is that you are involving others with no vested interest in your works in the process of declaring and verifying your ownership of the works.

Some think involving a third party is a good idea, others think it unnecessary. So long as it's not expensive and is a bona fide registration service then you may want to consider this as an option, particularly if it helps you sleep at night! It is not obligatory though - the registered package is just fine.

Finally, remember that one day, if you are successfull, you may be looking to assign your rights in your works to a third party - probably a publishing company. Some people actually sell these rights in their works for good, for a one off fee - you've probably read the stories!

Publishing companies then assign some of these rights on to others -The Performing Rights Society (which collects royalties in the UK on behalf of writers and publishing companies for the broadcast or public performance of their works - www.prs.co.uk ), The Mechanical Copyright Protection Society (which collects royalties in the UK owed to writers for the pressing of their works onto CD or tape - www.mcps.co.uk ) and their equivalent royalty collection agencies in other countries. Publishing companies may also assign rights to other publishing companies in other territories. In return you get your royalties when the music is played or sold on CD, but because you've assigned your rights to others you will have lost control over who plays,records and broadcasts your music. Quite sobering when you're the coolest act in town and you suddenly find your tune is being used as background music on a personal hygiene TV advert.

Remember in all of this we are talking about the rights in the composition, not the recording of the composition. So for example, if you have been signed by a record company and they have published your works through a major publishing house and the performance and mechanical (CD pressing) rights in the works have been assigned to PRS and MCPS, then, anyone can then record a cover version of your song and press it to CD, so long as they pay the necessary royalty to MCPS (details). They are also entitled to perform your song in a public place so long as the venue has a license from the Performing Rights Society (details). What they can't do is use the original commercial recording of your work which will more than likely be owned by your record company. Only they can license the pressing of this recording to CD, although public performance of the recording of the work is assigned by record companies to Phonographic Performance LTD (details)who collect royalties on behalf of record companies and individuals for the public performance of the recording of the music. Confusing, I know!

We've only touched on the subject here and there are many ways nowadays that artists/writers go about distributing their music worldwide without the aid of traditional publishing/record companies through the internet, or even just by selling their CDs at live shows. Remember - there is nothing in law that says you have to assign your rights to publishing companies to get your record deal or get your music heard and enjoyed. If your music is doing well and you haven't signed away your rights, you can register your own works with the royalty collection agencies. The Performing Rights Society requires that some of your works are being played publicly, or broadcast publicly, before allowing you to register your songs. More and more people are hanging onto their rights and enjoying the control that they get over their own music.