How to Release a Song with Your Own Lyrics Without Copyright Issues

When you're an artist looking to release a song with your own lyrics, but you don't have the financial resources to purchase the rights to a pre-existing melody, what can you do? This article will guide you through the necessary steps to create and release your song while avoiding copyright infringement and obtaining the necessary protections.

Understanding Music Publishing

Music publishers are entities that own the rights to publish and distribute music. You can either go to a traditional publisher or create your own through organizations like ASCAP or BMI. These publishing entities operate independently of your artist profile. ASCAP and BMI are performance rights organizations that oversee the licensing and distribution of royalties for musical compositions.

Proving Your Originality

For any work to be copyrighted, it must be in a tangible form. This means that writing down your lyrics or recording them constitutes a form of copyright. However, formal registration with organizations like ASCAP, BMI, and SESAC offers additional protection. If you formally register your work within five years of creation, the registration is considered prima facie (presumed to be correct) until it is proven otherwise in a court of law.

A Historical Tip for Proof of Originality

For proof of authorship, in college, in Connecticut, students were advised to mail themselves a copy of their work in a sealed envelope. The postmark serves as a date of creation and can be used as legal evidence in court. While this method is not foolproof, it can be a strong piece of evidence to support your claim of originality.

Write Your Own Music and Lyrics

The golden rule is that you cannot use someone else's work without permission. Each work is automatically copyrighted once it is in tangible form. Formal registration is optional but provides additional legal benefits in case of disputes. It's important to note that filing for registration should be done within five years of creation to ensure full protection.

Alternatives When You Can’t Afford to Buy Rights

If you don't have the financial means to purchase the rights to a song, you can explore alternative options. One approach is to use free non-profit beats from YouTube. These are typically available for use in non-commercial projects. However, if you plan to make a profit from your song, you should look for "Free for profit beats" to ensure compliance with licensing regulations.

Contacting the Composer

If you are very interested in using a specific melody, the best course of action is to contact the composer directly. Sometimes, composers are open to collaboration, especially if you offer fair compensation or a share of the profits. This approach not only avoids copyright infringement but also opens up the possibility of co-writing a hit song.

A Word to the Wise

It's important to understand that using someone else's work without permission is unethical and can lead to serious legal consequences. Always obtain permission or use free, non-copyrighted content when possible.