They Stole My Song. What Do You Mean I Can’t Sue?
I’ve been an entertainment lawyer for 27 years, and I’ve seen a lot . A lot. I’ve Seen This Before is my Friday series that gives you a peek at some of the lessons my clients have learned the hard way. Some of the details may have been changed to protect client confidentiality.
Most musicians think copyright registration is something you do after your career takes off. Even worse, they think they don't need to do it at all or they think registering the song with the performance rights organization is the same thing.
I've heard every reason imaginable.
"I mailed the CD to myself."
"I have the project files."
"I have text messages proving I wrote it."
Unfortunately, none of those things give you the thing you need to walk into a courtroom—a copyright registration.
And I've seen so many artists learn that lesson the hard way.
A Song Was Stolen…Twice
One of my clients created instrumental music and made it available through a royalty-free music website. That is a perfectly good way to make money from your music. People can license your music legally, with certain restrictions, for a flat fee.
That’s not what happened, though.
Instead, someone found one of their tracks on the site, recreated the recordings, and used them without ever purchasing a license.
The music wasn't merely copied. It was re-recorded in an effort to avoid paying for it. That means they copied both their recording and the underlying compositions—a double infringement. Naturally, my client wanted to enforce their rights.
There was just one problem.
They had never registered the copyrights.
Registration Isn't Just Paperwork
Many artists believe registration simply proves ownership. It does do that, but it does so much more.
Without a copyright registration, several important remedies may not be available if someone infringes your work—and that is the case even if the infringement keeps going on after you register. In addition, before you can file most copyright infringement lawsuits in federal court, the Copyright Office must actually issue your registration. Filing isn’t enough.
That meant my client couldn't immediately move forward with an infringement lawsuit. First, we would have to file the registrations. Then, they either had to pay an expensive rush fee or we had to wait.
Meanwhile, the alleged infringement continued.
Even after registration, the timing matters. Because neither the song nor the recording had been registered before the infringement (or within a specific window after publication), my client lost access to some of the strongest remedies available under U.S. copyright law, including statutory damages and the possibility of recovering attorney's fees if the legal requirements were met. Those options are important. Legal fees can be very high, and actual damages can frequently be low enough not to cover them.
Instead of having those options available, the case became much more difficult and expensive to pursue.
All because of a decision to save a few minutes of time and a small filing fee.
"I'll Just Mail It to Myself."
This is probably the most persistent copyright myth in the music business, and I’ve heard it from clients a thousand times. Artists have been told for decades that they can mail a copy of their song to themselves, leave the envelope sealed, and somehow that protects their copyright.
It doesn't.
Your copyright exists automatically when you create and fix your original work in a tangible form. So that might prove when you created it, but that’s all it does. It doesn’t allow you to enforce that ownership. Mailing a copy to yourself does not replace federal copyright registration, nor does it provide the additional legal benefits that registration can offer.
It may feel like protection.
It isn't a substitute.
When the Infringer Registers First
Here's another situation I've encountered. Sometimes the original artist doesn’t file a registration…but the infringer does. That means the original creator is at an even bigger disadvantage.
Now the original writer isn’t just trying to prove that someone else infringed on their work. They are trying to prove that they own it in the first place.
One of the legal advantages that comes from registration is what’s called a presumption. In this case, a presumption means the law will presume the registration is accurate and you are, in fact, the creator. So if someone else copies your work and beats you to registration, you not only have to prove they copied your work, you have to overcome the presumption that they are the creator. Presumptions can be overcome, but it is a heavier burden. That can make litigation much more complicated for the true author if someone else registers first.
Could the original writer still win?
Possibly.
But the fight became harder, longer, and more expensive than it ever needed to be.
Copyright Registration Is Insurance
Copyright disputes cost time, money, and frustration. Going in as the underdog makes it much worse. Nobody enjoys paying for insurance. You hope you'll never need it.
But if someone copies your work, registration becomes one of the most valuable investments you ever made.
Before You Release Your Next Song
Ask yourself these questions:
Have I registered the composition?
Have I registered the sound recording?
If I collaborated with others, have we agreed on ownership?
Can I prove who wrote what?
If someone copied this tomorrow, would I be ready to enforce my rights?
If you answered "no" to any of those questions, now is a good time to fix it.
Because by the time someone steals your music, it's already too late. Some of your important rights have already been lost.
FaLasō Tip: Copyright registration isn't about assuming someone will steal your music. It's about making sure you're prepared if they do.
