Copyright in music and songs: registration, use, protection

For composers, lyricists and performers, understanding what constitutes music copyright is key to protecting their work and generating income. Copyrighting a song has its own peculiarities compared to other works of literature or art. In this article we will look in detail at how these rights are registered, how they are legally utilised and how they can be effectively protected from infringement in the music industry.

Section 1: Copyright objects in music and their creators

The field of music has its own specificity in terms of copyright because a musical work, especially a song, is often the result of the work of several people and consists of several elements, each of which can be independently protected. Understanding these elements and the subjects of rights is key to proper design and protection.

1.1 The musical work as an object of copyright law

The heart of any musical composition is the musical workitself . From the point of view of copyright, it is an original result of creative activity expressed in a certain objective form (e.g. musical notation, sound recording). Copyright in a song or other musical work protects not only the melody but also other original elements:

• Melody: A sequence of sounds of varying pitch and duration that form a recognisable theme. It is perhaps the most noticeable and memorable element.
• Harmony: The combination of sounds sounding at the same time (chords), their sequence and ratio. The original harmonic structure is also protected.
• Rhythm: The organisation of sounds in time, their duration, accents. An original rhythmic pattern can be part of a piece of music.
• Structure: Structure of the piece (verse, chorus, bridge, intro, outro).
• Other elements: Original intonation, harmonies, and the like.

A musical work can exist with a text (song) or without a text (instrumental composition). The author of a musical work is the composer – an individual who created the original musical elements. Copyright on music arises from the moment of its creation in objective form (for example, when the composer wrote down the notes or made a demo recording).

1.2 Song lyrics (lyrics) as an independent copyright object

Song lyrics, or lyrics, are an integral part of most songs, but from the point of view of copyright it is an independent object of protection. Song lyrics are considered as a literary work.

The author of the song text – poet, lyricist – is the author of this literary work and has copyright to it regardless of the music. The text must be original, i.e. created by the author’s creative labour, and expressed in an objective form (e.g. written on paper or in an electronic file). Copyright in a song text arises from the moment of its creation.

Thus, a song consisting of music and lyrics combines two objects of copyright – a musical work and a literary work (lyrics). The rights to these two objects may belong to one person (if the author wrote both music and lyrics) or to two different persons.

1.3 Co-writing a song

Very often a song is created in co-authorship. The most common case is the co-operation of the composer (the author of the music) and the author of the lyrics (the lyricist). In this case, they are co-authors of the whole work – the song.

Co-authorship means that the copyright for the song as a whole belongs to both of them jointly. In this case, each of the co-authors retains his or her copyright on the part of the work that can be used independently of the other parts (e.g., the composer retains the right to use only the music and the lyricist the right to use only the lyrics). However, the use of a song as a whole (e.g., recording of a performance, public performance) requires the joint consent of all co-authors (or their assignees).

The relationship between the co-authors and the procedure for exercising their rights should be regulated by a written agreement on the creation and use of the work. Such an agreement will help avoid conflicts in the future by clearly defining the terms of use of the song, distribution of remuneration and the like. For example, the contract may stipulate that public performance of the song is possible only by common consent, and the royalties received are divided between the composer and the author of the text in a certain proportion.

1.4 Derivative musical works (arrangements, remixes, covers) and rights to them

Derivativeworks are often created on the basis of existing musical works . Most common in music:

• Arrangement: A reworking of a piece of music that does not change its basic melody or harmony, but adapts it for a different instrumentation, performance style, or adds new parts.
• Remixes: A more substantial reworking of a piece of music, often involving the addition of new rhythmic elements, samples from other recordings, or changes in structure.
• Cover versions: A new performance of an existing song by another artist or group. Although the performance is subject to neighbouring rights, the melody and lyrics themselves are subject to the original copyright.

Rights in derivative works: The author of an arrangement or remix has a copyright in his original part of the creative contribution to the derivative work. However, in order to create and use such a derivative work , permission ( licence)must be obtained from the copyright holder (author) of the original musical work and/or lyrics. For example, to make an official remix of a song, permission must be obtained from the composer, the author of the lyrics, and often from the producer of the original phonogram. Using a derivative work without such permission is an infringement of the original copyright.

1.5 Distinguishing between copyright and neighbouring rights (performance, phonogram)

In addition to copyright on a song ( as a musical work and lyrics), neighbouring rights play an extremely important role in the musical sphere . As we mentioned in the previous article, neighbouring rights do not concern the creation of the work itself, but rather the activities aimed at bringing it to the public or fixing it.

In the context of music, the main objects of neighbouring rights are:

• Performance: The creative activity of a singer, musician, conductor, etc. during the performance of a musical work. The performer has related rights to his particular performance.
• Phonogram: A recording of the sounds of a performance or other sounds on a tangible medium. The producer of the phonogram (e.g. a recording studio) has related rights to that particular recording.

So when you hear a song on the radio or on the internet, there is usually a whole set of rights behind it: the composer’s copyright (the music), the lyricist’s copyright (the lyrics), the performer’s related rights (the specific performance) and the phonogram producer’s related rights (the recording itself). In order to use this recording (e.g. broadcast on the radio), you need to obtain permissions from all of these copyright holders (or their representatives/OCCs). To learn more about what neighbouring rights are , how they differ from copyright, the subjects and terms of protection, and copyright and neighbouring rights in general, read our article “Copyright and neighbouring rights: what you need to know“.

Section 2: Registering and fixing copyright in musical works

Once a musical work or song lyrics have been created, authors naturally want to be able to confirm their authorship and have evidence in case of disputes. This section will explain how this can be done.

2.1 Emergence of copyright from the moment of creation of the work

It is important to emphasise again the key principle of Ukrainian legislation (and international norms): copyright on a song, as well as on any other work, arises automatically from the moment of its creation in an objective form. The objective form for a musical work can be a musical notation, audio recording (even a demo version on a dictaphone), and for a song text – a written text (on paper or in an electronic file).

This means that you don’t have to go through any special procedures, file paperwork, or obtain permits in order for you to have a copyright in a newly created song. The right arises by virtue of the very fact of creation. Therefore, answering the question whether there is a copyright on a song – yes, it exists from the moment of its creation. No registration is necessary for this right toarise.

2.2 Methods of fixing the fact of creation

Although registration is not necessary for a right to arise, it is extremely important for the author to have proof that he or she created the work and when it happened. This becomes critical in the event of a dispute over authorship or illegal use of the work. There are various ways to fix the copyright of a song or, more precisely, the fact of its creation:

• Notation: Arranging a piece of music in the form of musical notation is a traditional and weighty way of fixing it in an objective form. It clearly displays melody, harmony, and rhythm.
• Studio or home recording (demo version): Making an audio recording of a song performance (even a simple guitar or dictaphone recording) with a record of the date of the recording is good proof of the existence of the work on a certain date. The better the quality of the recording (studio), the better, but even a simple demo version can serve as proof.
• Written lyrics: For lyrics, it is sufficient to have a written text in tangible (paper) or electronic form, with the possibility to confirm the date of creation (e.g. saving a file with the date of creation/modification).
• Deposit: One reliable way is to deposit a copy of the work (musical notation, audio file, text) with a third party (e.g. a notary public or a specialised deposit service provider) with an official record of the date of transfer. This creates independent proof of the existence of the work as of a specific date.
• Sending a copy to yourself: A less formal but sometimes used method is to send a copy of the work to yourself by registered mail with return receipt requested, without opening the envelope upon receipt. The date on the postmark will serve as proof.
• Online publication: Posting your work on platforms that record the date of publication (e.g. Soundcloud, YouTube) can also be one piece of evidence, although the legal weight of such evidence may vary.

Combining multiple fixation methods makes your evidence base stronger.

2.3 Possibilities of state registration of copyright for a musical work in Ukraine

In addition to fixing the fact of creation, the author of a musical work or song lyrics has the opportunity to undergo the procedure of state registration of copyright in Ukraine. As we have already said, it is not obligatory, but it gives significant advantages.

To register a song or its components, it is necessary to apply to the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI). Both the musical work (with or without lyrics) and the lyrics of the song as an independent literary work are subject to registration. If music and lyrics are created by different authors, they can register their parts separately or register the song as a complete work in co-authorship.

In order to register, it is necessary to submit an application in the prescribed form, a copy of the work (musical recording, audio recording or text, depending on the object of registration) and a document on payment of the state duty. After the application is considered and information is entered into the State Register, a certificate of state registration of copyright is issued. The procedure of state registration, although optional, significantly strengthens your protection. To properly register a song or other musical work, you can seek professional assistance from lawyers. We have described the general procedure of copyright registration in Ukraine in detail in a separate article. Learn more about copyright registration and copyright registration by reading “How to register copyright in Ukraine in 2025: a complete guide“.

2.4 Advantages of obtaining a copyright certificate for a musician

Obtaining a copyright certificate for a musical work or song lyrics offers a number of important advantages to the musician or author, especially in the context of further use and protection of rights:

• Official proof of authorship: The certificate is the strongest official proof that you are the author of the work, and that it existed in some form on the date of registration. This creates a presumption of authorship, which makes it much easier to prove your rights in any disputed situations.
• Simplified defence of rights: Having a certificate makes the process of defending your rights in court or in pre-trial proceedings faster and easier. Judges and other authorities are more likely to rule in favour of a person who has official proof of rights. This also makes it easier to send claims to infringers and to deal with online platforms to remove content.
• Facilitating rights management: When entering into licensing agreements, contracts for the transfer of rights to use music (e.g. for film, advertising), the certificate is a reliable document that confirms your rights to potential licensees/buyers. It increases their confidence and simplifies the legal processing of transactions.
• Increasing the value of the work: Registered musical works can have a higher value on the market because their legal status is clear and confirmed.

This registration is certified by an official document. To find out what a copyright certificate is, the procedure forobtaining one and the importance of a copyright certificate in protecting rights, see our article “Copyright certificate: procedure for obtaining one and the importance of the document“.

Section 3: Legal use of musical works and obtaining authorisations

Copyright in a musical work gives its creator exclusive rights to control its use. This means that any person wishing to use music in ways falling under these exclusive rights must obtain the appropriate authorisation from the right holder (author, composer, text writer, publisher, etc.), unless otherwise provided by law (e.g. cases of free use).

3.1 Methods of utilisation of property rights

The property rights of the author of a musical work include the possibility to authorise or prohibit various actions with this work. The main uses requiring authorisation are:

• Reproduction: Making one or more copies of a work in any form. In music, this may include recording a performance on an audio medium, copying a digital file, or printing sheet music.
• Distribution of copies: The sale, lease, rental or other disposition of copies of a work. This includes the sale of physical media (discs, vinyl) or the distribution of digital copies.
• Public performance: The performance of a work directly (e.g. a live concert by a band) or by technical means (playing a recording) in places accessible to the public or in places where a significant number of persons other than the usual circle of family or close acquaintances are present.
• Public communication (broadcasting): The transmission of sounds or images of a work to the general public (radio, television, Internet).
• Revision, adaptation, arrangement, arrangement: The creation of derivative works based on an existing musical work (e.g. writing an arrangement, creating a remix).
• Interactive public access: Enabling the public to access a work from anywhere and at any time of their own choosing (e.g., posting music on streaming services, YouTube).

Any of these actions taken without the authorisation of the copyright holder constitutes copyright infringement.

3.2 Granting rights of use: licence agreements

The granting of permission to use a musical work is done by means of a licence agreement. This is the main legal instrument regulating the lawful use of intellectual property. Under a licence agreement, the right holder (licensor) grants another person (licensee) permission to use the work in a certain way, within certain limits and under certain conditions.

A licence agreement for the use of a musical work should clearly define:

• Which rights are granted: For example, only the right of public performance, or the right of reproduction and distribution, or the right of synchronisation (use of music in a video).
• Method of use: How exactly the work may be used (e.g. radio broadcast, film, concert, website).
• Territory: In which area of the world the licence is valid.
• Term: During what period of time the licence is valid.
• Amount and procedure for payment of remuneration (royalty): How the licensee will pay for use (percentage of revenue, fixed amount, per use, etc.).
• Other conditions: For example, the possibility of transferring the licence to third parties, obligations to indicate authorship.

A licence agreement is a tool for transferring copyright in terms of granting permissions for use. Its terms determine exactly how the music will be lawfully used and how the author will receive income for it. The correct execution of licence agreements for the use of musical works is vital to protect the interests of the copyright holder and the user. In order to conclude a competent licence agreement or copyright sale and purchase agreement ( alienation of rights), you can seek professional legal assistance. For more information on licensing and other methods of transferring rights, see the article “Transfer of Copyright: Sale and Licensing Agreement“.

3.3 Use of music in public places and public performance

The use of music in public places (cafes, restaurants, shops, shopping centres, beauty salons, hotels, etc.) and its public performance should be discussed separately. According to the legislation on the use of music in public places, even if you have legally purchased a music recording (e.g. bought a disc or track online), this does not give you the right to publicly perform or broadcast it in your establishment. The right to public performance and public notification (broadcasting) are separate property rights of the author and subjects of related rights (performers, phonogram producers).

Owners of establishments that use music to create atmosphere or entertain visitors must obtain licences for such use and pay remuneration to the right holders (authors, performers, phonogram producers). In Ukraine, the collection and distribution of this remuneration (royalties) for public performance and broadcasting of music is carried out by collective management organisations (see below). Lack of authorisation and non-payment of royalties is an infringement of copyright and related rights. Compliance checks on the use of music in public places may be carried out by CMO representatives.

3.4 Using music online

The use of music online has its own specificity, as different modes of use (playback, publicising, publicising) and different types of platforms are involved:

• Streaming platforms (Spotify, Apple Music, YouTube Music): These platforms enter into large-scale licence agreements with rights holders (record companies, music publishers, CMOs) to legally provide users with access to millions of tracks. Users of these platforms get the right to listen to music for personal, non-commercial use.
• YouTube: Using music in a YouTube video requires special consideration. If you use someone else’s music in your video, it may be an infringement unless you have the appropriate licence. YouTube has its own Content ID system that helps copyright holders identify the use of their content. Legal use of music on YouTube can be made by obtaining a licence from the copyright holder, by using music from YouTube’s library that is available under licence, or if the use falls under the fair use/fair dealing doctrine, although this is a complex legal issue.
• Social media (Facebook, Instagram, TikTok): These platforms also have licence agreements with major rights holders, allowing users to use music from their libraries in their posts and videos. However, the rules of use may be restrictive (e.g. for non-commercial use only).

Legal use of music online requires careful attention to the platforms’ terms and conditions and obtaining appropriate permissions, especially if you are using music for commercial purposes.

3.5 The role of collective management organisations (CMOs) in the collection and distribution of royalties

Collective Management Organisations (CMOs)play an extremely important role in the music industry . These are non-profit organisations that operate on the basis of law and contract with rights holders (authors, publishers, performers, phonogram producers) to manage their property rights on a collective basis.

Main functions of CMOs:

• Issuing licences to use rights: On behalf of many rights holders at the same time (e.g. licences to play music publicly in a café, to broadcast on the radio).
• Collecting remuneration (royalties): Collection of money from music users (radio stations, TV channels, catering establishments, concert organisers, etc.) for the use of works and objects of related rights.
• Royalty distribution: The distribution of the collected remuneration to the relevant rights holders (authors, publishers, performers, phonogram producers) according to the CMO’s distribution rules and the usage data collected.
• Protection of rights: Some CMOs may also be involved in identifying and dealing with infringements of their members’ rights.

Joining a CMO allows authors and other rights holders to receive royalties for the use of their music where individual licensing would be too difficult or impossible (e.g. for every time a song is played on the radio). There are several CMOs in Ukraine specialising in musical works and related rights.

Section 4: Protecting music and song copyrights from infringement

Creating music is only half the journey. To ensure that your creativity brings not only pleasure, but also income, and is not used illegally, you need to know how to effectively protect your copyrights to your musical works and songs.

4.1 Typical infringements (illegal downloading, use without authorisation, plagiarism of melody or lyrics)

The music sector is one of the most vulnerable to copyright infringement, especially in the digital age. Typical online and offlinecopyright infringements include:

• Unauthorised downloading and distribution: Posting music tracks, albums on pirate websites, file-sharing sites, social media for free downloading or streaming without permission from the copyright holder.
• Use of music without permission: Use of music in videos (e.g. YouTube, advertisements), podcasts, films, computer games without obtaining the appropriate licence (in particular a synchronisation licence).
• Public performance or broadcasting without a licence: Playing music in cafes, restaurants, shops, concerts, radio or television without entering into licence agreements and paying royalties (through CMOs or directly).
• Creation and distribution of unlicensed derivative works: Creation of remixes, arrangements, cover versions and their use or distribution without the authorisation of the author of the original work and/or related rights holders of the original recording.
• Plagiarism: The most brazen type of infringement. It can be melody plagiarism (copying or significantly borrowing the original melody line) or lyrics plagiarism (using another author’s lyrics to impersonate your own). Combating plagiarism in music requires expert analysis to identify similarities.

4.2 How to detect the illegal use of your music online and offline

Detecting the use of your music is not always easy. Here are some ways to find out if your music is being used:

• Online monitoring:
  • Search video hosting sites (YouTube, Vimeo): Search for the title of your piece, your name/pseudonym, unique snippets of song lyrics. Watch videos that can use your music as background music.
  • Social media monitoring: Look for mentions of your work, watch videos and audio posted by users.
  • Using music recognition services (Shazam, SoundHound): If you hear a song in a public place or online and suspect it’s your music, try recognising it using these apps. The result may provide information about the artist and title.
  • Specialised online monitoring services: There are paid services that use audio fingerprint technology to automatically search for the use of your music online (on streaming platforms, videos, online radio stations).
• Offline monitoring:
  • Monitoring radio and TV stations: Monitor whether your works are being broadcast. This is often done by CMOs if you are a member.
  • Monitoring public places: If you suspect that your music is being used in a particular venue without a licence, a check can be carried out.
  • Monitoring physical media: Check shops for unlicensed copies of your recordings.

Knowing how to find out if a track is copyrighted ( or being used illegally) requires a systematic approach and the use of various tools.

4.3. Procedure for dealing with a breach

If an infringement is detected, it is important to act promptly and in accordance with the established algorithm. The general procedure is similar to the one used for other types of copyright infringement on the Internet. If you have discovered illegal use of your music, it is important to know how to deal with infringement.

1. Reliable recording of evidence: Document the infringement as soon as possible. This can be a screen recording of the online use of the music, screenshots of the webpage, recording of the radio broadcast, etc. It is important to record where the music is used, who is using it (if known), and the time/date of recording. Notarisation may be required for legal protection.
2. Identify the infringer/owner of the resource: Try to identify the person or organisation that is committing the infringement or the administrator of the resource hosting the content (as described in Section 4 of the previous article).
3. Prepare and send a claim: Make a formal written claim (demand) to stop the infringement. In it, state the essence of the infringement, refer to your rights, and provide clear requirements (cease use, remove content, possibly pay compensation). Send the claim to the infringer/owner of the resource.

The first steps include recording evidence and submitting a claim. For a detailed algorithm of actions in case of online copyright infringement and effective fight against plagiarism in the digital environment, please see our article “Copyright protection on the Internet: how to act in case of infringement”.

4.4. Non-judicial and judicial methods of enforcement

If pre-trial settlement fails, there are more decisive legal instruments to protect music copyright:

• Contacting the administration of the platforms: If the infringement occurs on major online platforms (YouTube, Facebook, Spotify), you can use their internal procedures to file a complaint and request the removal of the content (e.g., through YouTube’s Content ID system for relevant rights holders).
• Interaction with the hosting provider: As with other types of content, you can contact the hosting provider of the infringing website to request the removal of the content.
• Contacting the CMO: If you are a member of a CMO, this organisation may seek to protect your rights through its own legal mechanisms.
• Judicial protection:The most effective, but also the most complicated, remedy is to go to court. In court, you can demand:
  • Termination of the illegal use of a musical work/song (obligation to delete the recording, prohibition of performance/broadcasting).
  • Recovery of compensation (compensation for damages or a fixed amount provided by law). For music, especially in cases involving public performance or broadcasting, the recovery of compensation in a fixed amount is often applied.
  • Seizure and destruction of counterfeit copies.
  • Bringing the infringer to administrative or criminal liability (in certain cases).

Music copyright protection, especially in court, requires in-depth knowledge of the specifics of the music industry and copyright. To effectively defend your rights, you can seek professional assistance from the lawyers of Polikarpov Law Firm.

4.5 The importance of documenting authorship (registration, deposit) in the defence process

The success of music copyright protection depends largely on how well you can prove your authorship and the existence of rights. This is where documentation comes in handy:

• State copyright registration and certificate: Having a certificate of copyright registration for a musical work or song lyrics is the strongest official proof of your authorship and date of registration. This creates a presumption of authorship, which makes it much easier to prove in court.
• Evidence of fixation (depositing, recordings): Music notation, dated audio/video recordings of performances, contracts for depositing the work with a third party – all of these documents and materials are strong evidence of the existence of the work on a particular date and can help confirm your priority of creation.
• Licence agreements: If you find that your music is being used without a licence, the very fact that the infringer has no contract is key evidence of infringement.

The better you have documented the process of creation and the existence of your rights to your music, the stronger your position will be if you need to defend them.

Conclusions

To summarise, music copyright and song copyright cover both the music part and the lyrics. Understanding these rights and protecting them is essential to a successful music career. Although copyright in a song is automatic from the moment of creation, fixing and registering it is an important step for continued legal use and effective protection against infringement. Know how to properly register licences and what to do if you discover that your works are being used illegally.

Intellectual property protection applies to many different types of creative work. If you are interested in how to protect video copyright, photocopyright, design copyright and registration of rights to visual content, read “Video, design and photo copyright: peculiarities of registration and protection”.

Control the use of your works and protect your rights – this is the foundation of your success in the industry!