Think your music is protected just because it’s on YouTube? Think again. Music copyright is often misunderstood, and every year, countless artists lose control of their rights because they don’t fully understand it.

Music copyright remains one of the most misunderstood aspects of the music business. Whether you’re an independent musician or signed to a major label, having a clear understanding of how copyright works is essential. It’s the key to protecting your work – and getting paid for it.

In this article we will look at some of the most common copyright myths musicians face.

Myth 1: Registering Your Work Secures Music Copyright Protection

Reality:

Yes, copyright protection begins the moment your music is created and fixed in a tangible form, like a recording or written score. But that’s just the starting point.

Why Registration Matters:

• Legal Proof: Registering your copyright with the U.S. Copyright Office (or the equivalent in your country) provides official proof of ownership.
• Right to Sue: You cannot file a lawsuit for copyright infringement unless your work is registered.
• Better Compensation: A registered copyright lets you claim statutory damages and attorney fees if someone uses your work without permission.

💡 Tip: Register your songs early to avoid unnecessary legal hurdles.

Next up, let’s tackle another common misconception: altering a few notes makes a song yours.

Myth 2: Changing Notes Still Violates Music Copyright

Reality:

Minor edits don’t make a song your own. Copyright protection extends to melodies, lyrics, arrangements, and sometimes even chord progressions.

What Courts Consider:

• Substantial Similarity: Even small similarities can lead to infringement claims.
• Sampling Rules: Sampling without permission, even if it’s brief, can result in legal action.

✅ Best Practice: Create original content or get explicit clearance and permission before borrowing from others.

🔗 Learn more about copyright infringement from ASCAP and BMI.

On the other hand, if you’re looking to protect your band’s identity, copyright alone isn’t enough, you’ll also need trademarks.

Myth 3: Music Copyright Law Doesn’t Cover Band Names or Logos

Reality:

Copyright covers sound recordings and musical compositions—not names, logos, or slogans.

How to Protect Your Brand:

• Register a Trademark: If your band name is unique, register it with the United States Patent and Trademark Office (USPTO) or your local trademark office.
• Secure Your Logo: If your logo is unique, it should be trademarked to prevent unauthorized use.

💡 Tip: Use both copyright and trademark protections to safeguard your music and your brand identity..

Myth 4: Uploading to YouTube Doesn’t Equal Music Copyright Ownership

Reality:

Uploading to a public platform doesn’t replace legal copyright registration. While tools like YouTube’s Content ID help detect misuse, they don’t offer legal protection.

What You Should Do Instead:

• Register Before Uploading: Secure your copyright before sharing your music publicly.
• Monitor Usage: Use tools like YouTube Content ID, TuneCore, or CD Baby to track where your music is being used.

📌 Fact: Just because your name is associated with a song online doesn’t mean you legally own it!

Myth 5: Fair Use vs. Music Copyright: Know the Difference

Reality:

Fair use is a narrow legal concept, often misunderstood. It doesn’t automatically apply just because you’re not profiting from someone else’s music.

Fair Use Depends On:

• Purpose: Use for education, parody, or commentary may qualify.
• Amount Used: Even a short clip could lead to infringement.
• Market Impact: If your version competes with the original, it’s likely not fair use.

📢 Caution: If you’re unsure, get permission or use royalty-free music instead. Check out platforms like Epidemic Sound for safe alternatives..

Myth 6: Giving Credit Isn’t a Music Copyright License

Reality:

Crediting an artist doesn’t grant you legal rights to use their work. Authorization must be explicit.

How to Legally Use Music:

• Get a License: Obtain proper licensing for covers, remixes, and samples.
• Use Royalty-Free Tracks: Consider platforms like Artlist or Epidemic Sound.

📍 Bottom Line: Permission is required, regardless of credit.

Myth 7: No Profit? Still a Music Copyright Violation

Reality:

Revenue doesn’t determine infringement. Using someone else’s work without permission is still a violation, whether or not it earns you money.

Why This Matters:

• You Can Be Sued: Copyright holders can file lawsuits even if no profits are involved.
• DMCA Takedowns: Sites like YouTube and Instagram can remove your content or suspend your account.

🔍 Fact: Money doesn’t determine copyright infringement, unauthorized use does!

Myth 8: Covers Require Proper Music Copyright Licensing

Reality:

Playing a cover live is typically okay (thanks to venue licenses), but uploading it or using it in a video requires the right licenses.

What You Need:

• Mechanical License: Required for streaming and digital sales.
• Synchronization License: Needed if using a cover in a video.

🎶 Tip: Services like DistroKid and Songfile can help you obtain the correct licenses.

BONUS: Public Domain vs. Music Copyright: What’s Really Free?

Only songs whose copyright has officially expired are in the public domain. But new recordings or arrangements of those songs may still be protected.

How to Check:

• Search Public Databases: Try PDinfo or U.S. Copyright Office records.
• Be Wary of New Versions: Updated arrangements might still be copyrighted.

📜 Insight: An old melody might be public domain, but a 2020 remix of it probably isn’t.

Conclusion

Music copyright can be confusing, but clearing up these myths is essential. Whether you’re writing, producing, or performing, understanding your rights helps you safeguard your creations and avoid costly mistakes.

✅ Quick Takeaways:

• Register your music to gain full legal protection.
• Never assume you can use someone else’s music without permission.
• Don’t rely on fair use unless you fully understand it.
• Covers, samples, and remixes all require proper licensing.
• If your work is stolen, there are clear steps you can take.

By staying informed and proactive, you’ll be in a stronger position to protect your art and thrive in the music industry. If you want to expand you knowledge, check out our other articles here.

FAQ