How to Protect Your Music and Keep Your Rights as a Music Artist

If you're a musician, producer, or songwriter, to protect your music is crucial. Your songs, beats, and recordings are your intellectual property—just like a business owns its products, you own your music. But without proper protection, someone else could take credit for your hard work or even make money from it without your permission.

In this guide, we'll break down everything you need to know about protecting your music in simple terms. From copyrights to trademarks and contracts, let’s make sure you’re covered.

1. Copyright: Your First Line of Defense

Copyright is what gives you legal ownership over your music. As soon as you create an original song, you automatically have copyright, but registering it officially gives you stronger legal protection.

What Does Copyright Protect?

• Lyrics

• Melodies

• Beats and instrumentals

• Full compositions

• Sound recordings (if you’re the one who recorded the track)

How to Copyright Your Music

• Automatically: Your work is copyrighted the moment you create it.

• Official Registration: In the U.S., you can register with the U.S. Copyright Office (or the equivalent in your country). This provides stronger legal protection and allows you to sue for damages if someone steals your work.

• Proof of Ownership: Even if you don’t register immediately, keep dated copies of your work, email yourself drafts, or store them in a secure cloud.

2. Publishing Rights & Performance Royalties

If you write your own music, you’re not just a performer—you’re also a songwriter . That means you’re entitled to royalties whenever your music is streamed, performed live, or used in media.

How to Protect Your Publishing Rights

• Join a Performing Rights Organization (PRO) like ASCAP, BMI, or SESAC (U.S.) or PRS (UK). They collect royalties when your music is played publicly.

• Use a Publishing Administrator like SongTrust or TuneCore Publishing to ensure you’re collecting everything you’re owed.

• Register with a Mechanical Rights Organization like the Harry Fox Agency (U.S.) to collect mechanical royalties from streaming services.

3. Trademarks: Protecting Your Artist Name

Your artist name or band name is part of your brand. If you want to ensure that no one else can use it, consider trademarking it.

How to Trademark Your Artist Name

• Search for Existing Trademarks: Before choosing a name, search the trademark database in your country.

• Register Your Trademark: You can apply through the U.S. Patent and Trademark Office (USPTO) or your country’s equivalent.

• Use Your Name Consistently: A trademark only holds up if you’re actively using it for business (releasing music, performing, selling merch, etc.).

4. Contracts: Protect Yourself in Music Deals

Whether you’re working with producers, collaborators, or labels, contracts are key. Never rely on verbal agreements—they don’t hold up in court.

Essential Contracts for Musicians

• Split Sheets: If you collaborate with other songwriters or producers, a split sheet defines who owns what percentage of the song.

• Producer Agreements: If you’re working with a producer, make sure the agreement clarifies who owns the master recordings and whether they get royalties.

• Licensing Agreements: If someone wants to use your music in a commercial, film, or video game, a licensing agreement determines how much you’ll be paid and under what conditions.

5. Digital Protection: Preventing Theft Online

With music being shared digitally, it’s easier than ever for someone to steal your work. Here’s how to protect yourself online:

Steps to Keep Your Music Safe

• Distribute Through Trusted Platforms like DistroKid, TuneCore, or CD Baby, which track your releases.

• Use Content ID on YouTube to detect unauthorized uploads of your music.

• Monitor Your Work using services like SoundExchange or Audible Magic, which help track unauthorized uses.

Protect your music by learning from others' mistakes! Explore the biggest music scandals and how they were resolved

The music industry has seen its fair share of scandals, many of which stem from issues related to music protection. From high-profile copyright disputes to artists losing control of their own work, these cases serve as cautionary tales. Let’s dive into some of the biggest problems that have arisen due to poor music protection, how they were settled, and what could have been done differently.

1. The Blurred Lines Copyright Case

What Happened?

In 2013, Robin Thicke and Pharrell Williams released "Blurred Lines," which became a massive hit. However, the estate of Marvin Gaye claimed the song copied elements from Gaye’s 1977 track "Got to Give It Up." A lawsuit was filed, and after a highly publicized trial, Thicke and Williams were ordered to pay $5 million to Gaye’s estate.

How It Was Settled

The court ruled in favor of the Gaye estate, stating that "Blurred Lines" bore significant similarities to "Got to Give It Up." This decision set a precedent that stylistic similarities could be grounds for copyright infringement.

How It Could Have Been Avoided

• Clearance and Licensing: If Thicke and Williams had sought legal advice and obtained clearance for their song’s similarities, they might have avoided the lawsuit.

• Stronger Legal Precedent Awareness: Artists should consult musicologists and legal experts before releasing music that closely resembles older works.

2. Taylor Swift vs. Big Machine Records

What Happened?

Taylor Swift signed with Big Machine Records early in her career, but when she left the label, she lost ownership of her master recordings. The label was later sold to Scooter Braun, sparking a heated battle over the rights to Swift’s music.

How It Was Settled

Unable to buy back her masters, Swift chose to re-record her old albums, giving fans an alternative to streaming the originals and regaining control of her work.

How It Could Have Been Avoided

• Owning Masters from the Start: Artists should negotiate for master ownership in their contracts whenever possible.

• Better Contract Awareness: Reading and fully understanding recording contracts can prevent losing control of one’s music.

3. The Led Zeppelin "Stairway to Heaven" Lawsuit

What Happened?

Led Zeppelin was accused of copying the intro of "Stairway to Heaven" from the song "Taurus" by Spirit. The lawsuit dragged on for years before Led Zeppelin ultimately won the case in 2020.

How It Was Settled

A U.S. appeals court ruled in favor of Led Zeppelin, stating there wasn’t enough evidence to prove substantial similarity between the two songs.

How It Could Have Been Avoided

• Thorough Documentation: Keeping records of the creative process can help defend against claims of infringement.

• Stronger Precedents: More consistent legal standards for music similarity could prevent lengthy lawsuits.

4. The Sampling Debacle: De La Soul vs. Their Own Catalog

What Happened?

Hip-hop group De La Soul struggled to get their classic albums onto streaming platforms due to issues with uncleared samples. Because they heavily sampled other artists without full legal clearance, their label hesitated to release the music digitally.

How It Was Settled

After years of negotiations, the group regained control of their catalog and re-released their albums with proper clearances in 2023.

How It Could Have Been Avoided

• Proper Sample Clearance: Always clear samples before release to avoid future legal and distribution problems.

• Label Transparency: Clear agreements with record labels regarding sampling rights could have prevented this issue.

Final Thoughts

Protecting your music doesn’t have to be complicated, but it does require some proactive steps. By understanding copyright laws, registering your work properly, using contracts, and monitoring your music online, you can make sure you stay in control of your creations.

The music industry is full of talented artists—but only those who protect their work get the full rewards of their creativity. Take these steps today, and keep making great music with peace of mind!

Contact us if you need further guidance!