How Do I Protect My Songs?

By Chris Taylor, B.A., LL.B.

The views and opinions expressed in this article are not meant to substitute for legal advice which should be sought in each particular instance.

Introduction

I have had the opportunity to moderate panels across the country where I speak to aspiring songwriters. One of the most common questions I am asked is: "How Do I Protect My Songs?". This article is a brief attempt to answer that question and some of the common issues related to this question.

Be So Lucky

During a series of panels last year with veteran, accomplished songwriters, one panellist repeatedly stated, "You should be so lucky that someone would want to steal one of your songs. Concentrate on writing great songs – protection should be a secondary concern." I tend to agree with this response. Notwithstanding that, you shouldn’t totally ignore this concern. There are a number of things you can do protect your copyrights.

Registration

According to Paul Sanderson in Musicians and the Law in Canada (3rd Ed.) :
"A copyright owner need not register copyright to acquire copyright protection. However there are reasons to register copyright: (1) registration is an aid to establishing copyright ownership; (2) it constitutes notice to an infringer; and (3) when a work is registered, the certificate of registration can be used as evidence in court."

For more information about the registration process contact the Commissioner of Patents office at 819-997-1936 or online at http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html. It is also advisable to consider registration in the U.S. through the U.S. Copyright Office, Library of Congress at 202-707-5000 or online at http://lcweb.loc.gov/).

This can be a costly process. In Canada, only titles are registered not the actually song itself. In the U.S. the actual works in CD format may be deposited.

Songwriters Association of Canada

The Songwriters Association of Canada (SAC) provides a registration service to it members. Find more information online at www.songwriters.ca/services/songdepository.htm. They will store works in a temperature-controlled environment for a fee. SAC does not necessarily recommend this manner of protection; however, where it provides a songwriter piece of mind – they are happy to assist.