Introduction

Music is the magic that fills our lives with emotion, rhythm and inspiration. If you have the talent to create music, you know how much soul, creativity and labour is put into each piece of music. But how do you protect your masterpiece from illegal copying and use? How can you ensure that your music is always associated with your name? In this article, we’ll look at the specifics of song copyright and provide practical advice on how to protect your musical works. From melody to lyrics, we’ll reveal all the secrets to protecting your musical treasure trove!

Section 1: What is covered by song copyright?

You’ve created a melody that sticks in your soul, written lyrics that touch your heart. But do you know exactly what elements of your song are protected by copyright? In this section, we’ll look at exactly what is consideredcopyrightable song and music, so you can be sure that every note and word of your work is protected.

Subsection 1.1. Musical Basis: Melody and Harmony

When we think of song copyright, the first thing that comes to mind is lyrics. But music copyright protects not only the lyrics, but also the very musical fabric of the work, namely its melody and harmony. These elements are the heart of your song, what makes it unique and recognisable.

Melody is the sequence of sounds that form a musical phrase and are remembered by the listener. Harmony is a combination of sounds that sound simultaneously and create a musical accompaniment. Together, they form the musical foundation of your song, which is protected by copyright.

Melody and harmony protection:

• Uniqueness: Copyright law protects original melodies and harmonies that are the result of your creativity. If someone copies your melody or harmony without your permission, it will be considered an infringement of your rights.
• Text-independent: Even if another text is written to your melody, it will still be protected by copyright.
• Duration of protection: Copyright in music lasts for the life of the author and 70 years after the author’s death.

Important: If you have created a melody or harmony that is very similar to existing works, this may be recognised as plagiarism. It is therefore important to be original and make sure that your music does not repeat the work of others.

Subsection 1.2: Arrangement Copyrights

Copyright in a song extends not only to the original melody and harmony of the song, but also to its arrangement. An arrangement is a kind of musical “make-up” that gives a song a new sound, creates a unique atmosphere, and can make a significant difference in the listener’s perception of the song. It can include adding new instruments, changing the tempo or rhythm, creating backing vocals, using electronic effects, and the like. Imagine a simple melody played on a piano. Now imagine the same melody arranged for a symphony orchestra, with the addition of a choir and solo parts. This is a completely different sound and impression!

Who owns the rights to the arrangement?

It is important to distinguish between two situations:

1. Author of the original melody and harmony: If you created the original melody and harmony of a song, you automatically own the rights to any arrangements of it as well, regardless of who created them. These are your exclusive rights as the author of the music.
2. Arranger: If an arrangement is created by someone other than the original music composer, the arranger also owns the copyright to his work. He has put his creative labour into creating a new sound and his contribution should be protected.

Important points regarding the use of arrangements:

• Author’s permission: If you want to create an arrangement of someone else’s song, you need to get permission from the author of the original music. Without such permission, use of the arrangement will be considered copyright infringement.
• Separate copyright: An arrangement is considered a separate copyright, even if it is based on an existing work. This means that the author of the original music and the arranger have separate rights to their works.
• Commercial use: To use an arrangement commercially, permission must be obtained from both the original music composer and the arranger. This can be done by entering into a contract or obtaining a licence.

Remember that an arrangement is an important part of a piece of music that also needs to be protected. If you have created a unique arrangement, make sure that your rights are properly protected so that you can control the use of your creation and be rewarded for it.

Subsection 1.3: Song lyrics

Imagine a song without words. The melody may be magical, the rhythm may ignite the blood, and the harmony may soothe the soul. But it is the lyrics that give a song meaning, depth and connection with the listener. The lyrics are a literary work that is as much a part of the song as the music, and they also need strongcopyright protection .

What exactly is copyrightable about the lyrics of a song?

Copyright protects not just a set of words, but the original way of combining them, i.e. the form in which thoughts and ideas are expressed in the lyrics of a song. This applies to both content and form of expression:

• Content originality: The plot, theme, ideas expressed in the song lyrics must be original, that is, created by the author independently and not copied from other works.
• Formal originality: The rhyme, rhythm, imagery, and stylistic techniques used in the lyrics must also be original and distinguish your work from others.

Important points about copyright in song lyrics:

• Independence from music: Even if your lyrics are sung with a different melody or in a new arrangement, they will still be copyrighted. It is your work and you have the exclusive right to control its use.
• Translations and adaptations: Copyright also applies to translations and adaptations of song lyrics into other languages. If someone wants to translate your lyrics or create an adaptation, they must get your permission.
• Joint authorship: If a song lyric is co-written by more than one author, they all own the copyright to it and have equal rights to use it.
• Prohibition of use without permission: Any use of a song lyric without the permission of the author (or those who own the rights to it) is a violation of copyright law. This applies to both commercial and non-commercial use – posting the lyrics on a website, performing the song at a concert, use in advertising, and the like.

Remember that your lyrics are your intellectual property and need to be protected. Do not allow others to use your work without your permission. Copyrighting a song at will help you protect your work and prevent it from being used illegally.

Section 2: How do I copyright a song?

You’ve written a song that’s ready to conquer the world. But before you share it with the world, it’s important to take care to protect your rights to it. In this section, we’ll look at practical steps and strategies to help you protect copyright of your song and prevent its illegal use. From registration to proper labelling, we’ll reveal all the secrets to effectively protecting your musical creation!

Subsection 2.1: Copyright Registration

Copyright registration for a song is the surest way to protect your musical creation and obtain indisputable proof of your authorship. Although in Ukraine copyright arises automatically from the moment of creation of the work, registration provides you with a number of advantages that make it much easier to protect your rights in case of a dispute.

Advantages of copyright registration for a song:

• Irrefutable proof of authorship: A copyright registration certificate issued by UKRNOIVI is an official document confirming your authorship and the date of creation of the song. This greatly simplifies the process of proving your rights in court if someone tries to appropriate your work or use it without your permission.
• Strengthening your position in court: Having a certificate of registration increases your chances of winning your case in plagiarism defence court. The court is more likely to side with an author who has officially registered their rights.
• Simplify the licensing and sales process: If you plan to licence or sell the rights to your song, having a registration certificate will make you a more attractive partner. Potential licensees or buyers will be confident in your legal ownership of the work, making negotiations easier and reducing risks.

How do I register a song copyright?

The registration process is quite simple and involves several steps:

1. Collect the necessary documents (application, copy of the work, document on payment of the fee).
2. Submit the application to UKRNOIVI online or in person.
3. Wait for UKRNOIVI decision and receive a certificate of copyright registration.

You can learn more about the registration procedure from our article “How to register copyright in Ukraine?

Copyright registration is an important step for every songwriter who wants to protect their creativity and secure their future. Don’t put this process off – register your song today!

Subsection 2.2: Depositing a Work

Depositing a work is another way to copyright a song, especially if you are not yet ready to officially register it or want additional proof of authorship in case of a dispute. This method allows you to record the date the work was created and confirm that you are the author of the work.

How does escrow work?

Depositing is the process of depositing a copy of your work with a specialised organisation or a notary. It records the date of deposit, which will be considered the date of creation of the work in the event of a dispute. The deposit can be made either in paper or electronic form.

Advantages of depositing:

• Additional proof of authorship: The escrow document can be used as additional proof of your authorship in the event of a dispute. This is especially true if you have not yet registered a copyright for your song.
• Fixing the date of creation: An escrow allows you to clearly record the date of creation of your work, which can be important in the event of plagiarism claims.
• Keeping your work in a safe place: An escrow ensures that a copy of your work is kept in a safe place to protect it from loss or damage.

How do I get an escrow?

• Notary: You can go to a notary who will certify the deposit of your work. To do this, you need to provide him with a copy of the song and pay the notary fee.
• Specialised organisations: There are organisations that specialise in depositing works of authorship. They ensure that works are stored safely and issue appropriate documents to prove that they have been deposited.

Important: Deposit is not a substitute for copyright registration, but it can be a useful additional measure to protect your work, especially in the early stages when you have not yet decided to officially register your work.

Subsection 2.3: Publishing a song with author’s marks: Claim your rights!

When you’re ready to share your song with the world, it’s important to clearly mark it as your intellectual property. Using copyright markings is a simple but effective way to claim your rights and warn potential infringers.

Basic Copyright Marks:

• Copyright Mark (©): This is the most common mark and consists of the Latin letter “C” in a circle, the author’s name, and the year the work was first published. For example: © Ivan Petrenko, 2023.
• The phrase “All rights reserved”: This phrase emphasises that any use of the work without the author’s permission is an infringement of copyright.
• Other markings: You can use additional markings that clarify your rights and conditions for using the work, such as “No copying without permission of the author”.

Where should I place copyright marks?

Author’s marks should be placed on all copies of a song, regardless of format:

• Audio files: In the description of the audio file, on the album cover.
• Sheet music: On the title page or at the beginning of the sheet music.
• Video clips: In the credits of the video, at the beginning and/or end of the video.
• Websites and social media: On the pages where your song is posted, in the description of the video, in the author information.

The importance of author’s marks:

• Warning of your rights: Copyright notices inform others that the work is protected by copyright and that you have exclusive rights to use it.
• Proving your awareness: Using author’s marks shows that you are aware of your rights and are willing to protect them.
• Making it easier for others to identify you as the author of the song.

Remember: Using author’s marks is not a substitute for copyright registration, but it is an important additional measure to protect your creativity. By clearly labelling your song, you demonstrate your determination to protect your rights and prevent illegal use of your music.

Section 3: What do I do in case of copyright infringement?

You’ve put your heart and soul into creating your song and someone is shamelessly using it without your permission? Don’t put up with it! In this section we will look at what steps you can take if infringesthe copyright of a song, to protect your creativity and defend your rights. From pre-trial settlements to going to court, we’ll reveal your options for dealing with infringers!

Subsection 3.1: Settlement

If you discover that your song is being used without your permission, don’t rush to court right away. Often a dispute can be resolved amicably through pre-trial settlement. This can save you time, money and nerves, as well as preserve the reputation of all parties.

How do I make a pre-trial settlement?

1. Contact the infringer: Write a letter or call the infringer, explain the situation and express your grievances. State that you are the author of the song and that using it without your permission is an infringement of your rights.
2. Send a written complaint: If verbal communication fails, send a formal written complaint to the infringer. In the complaint, clearly state the nature of the infringement, your demands (e.g. stop using the song, compensation) and a deadline for fulfilment.
3. Offer to conclude a contract: If the infringer admits his/her guilt and expresses a desire to resolve the situation, offer to conclude a contract for the use of your song on mutually beneficial terms. This could be a licence agreement or a copyright transfer agreement.

Advantages of pre-trial settlement:

• Speed and efficiency: Pre-trial settlements usually take less time and money than court proceedings.
• Reputation preservation: Peaceful dispute resolution preserves the reputation of all parties and avoids negative publicity.
• Flexibility: The parties can determine their own terms of dispute resolution that will be mutually beneficial.

Important: If the offender does not admit guilt or is unwilling to resolve the dispute amicably, you will have to go to court to protect your rights. We will talk about this in the next section.

Subsection 3.2: Going to Court

If attempts at pre-trial settlement have failed and the infringer continues to illegally use your song, the only option is to go to court. This is a more complicated and time-consuming process, but it allows you to protect your rights and receive compensation for the damage caused.

How do I go to court?

1. Contact a lawyer: First you need to contact a lawyer who specialises in intellectual property cases. He or she will help you gather the necessary evidence, draft a statement of claim and represent you in court.
2. Gather evidence of infringement: You will need to provide the court with evidence that your song is being used without your permission. This can be audio or video recordings, screenshots of web pages, witness statements, etc.
3. File a Statement of Claim : A lawyer will help you draft a statement of claim and file it with the court. The statement should clearly state the nature of the infringement, your claims (e.g. stop using the song, compensation) and refer to the relevant laws and regulations.
4. Attend court hearings: You will have to attend court hearings and give evidence.

What can the court order?

• Order the infringer to stop using the song: The court may order the infringer to stop using your song illegally.
• Collect compensation from the infringer: The court may order the infringer to pay you compensation for damages, which may include both pecuniary and non-pecuniary damages.

Important: The legal process can be lengthy and costly. However, if your rights have been grossly violated and pre-trial settlement has failed, going to court is the only effective way to protect your creativity. Do not be afraid to assert your rights – justice always wins!

Conclusions

Copyrighting a song is an important aspect of protecting your musical creation. From melody and harmony to lyrics and arrangement, every element of your song is your intellectual property and requires proper attention and protection.

Remember that copyright registration, while not mandatory for all musical works, provides you with a number of advantages and increases your chances of success in the event of a dispute. Depositing the work and using copyright notices are additional measures that can strengthen the protection of your rights.

In case of copyrightinfringement do not be afraid to stand up for your interests. Try to resolve the dispute amicably through pre-trial settlement, and if it fails, go to court. Your creativity is your valuable asset and you have the right to protect it!