US Copyright Registration Of Unpublished Work

[rolanoid]

I wanted to register an original instrumental music work online at the US Copyright Ofiice (www.copyright.gov) before I send it off for mastering and release it on Spotify etc using a digital aggregator.

I ticked yes to the first 3 questions: one work, only author and owner, only by this author.
Then a checklist (see attached) comes up with criteria that are NOT eligible for this application including unpublished sound recordings which is what my work would fall under.

I checked the Copyright.gov faq and found this entry:
Does my work have to be published to be protected?
Publication is not necessary for copyright protection.

So now I'm confused unless I've misunderstood something?

Thanks for any input anyone can provide on this.

-Michael

[lesmac]

You are registering a musical composition. Just continue with the registration process, I remember having a think about that one when registering a song. I wouldn't sweat it.

[rolanoid]

Ok thanks Lester.

[hummingbird]

You're registering the Words and Music (not the Sound Recording) and nothing needs to be 'published' but do provide a worktape of the song or a lead sheet with the melody notated.

[rolanoid]

Thanks Hummingbird. The instructions say to register a sound recording in which you also own the music and lyrics to select the sound recording option + Other and in other add music and lyrics.
This seems the way to register all 3 namely sound recording, music and lyrics however in my case I will leave lyrics out as it is instrumental.

[Casey H]

Thanks Hummingbird. The instructions say to register a sound recording in which you also own the music and lyrics to select the sound recording option + Other and in other add music and lyrics.
This seems the way to register all 3 namely sound recording, music and lyrics however in my case I will leave lyrics out as it is instrumental.

Yes, if you have the sound recording, you can register all on the SR form: sound recording, music, and lyrics. I've done this a lot on unpublished works though I haven't used the online system yet. This is NOT just registration of the composition if I read your OP correctly.

The definition of "published" is simply "offered for sale" so that can include selling downloads online, being in a music library, etc. Airplay on a service such as Spotify is probably "published" as well.

The best way to get this right is to call the Copyright office, explain the situation, and ask the best way to fill out the form. They are very helpful.
(202) 707–3000 or 1 (877) 476–0778 (toll free)

Good luck!
Casey

[rolanoid]

Thanks Casey. So if I register my work now before it's on sale should I select unpublished even though it will be released for sale in a month or two?
When it is on sale will this unpublished registration still be valid?
I wouldn't want to fall foul of any technical loopholes further down the track in the unlikely event of a copyright dispute.

Cheers
-Michael

[Casey H]

The odds of a copyright dispute are close to nil. Stealing is extremely rare and you would have to have very large damages ($75,000+) to even sue which would cost you more in legal fees than you would ever spend. So, first... don't worry so much. That doesn't mean you shouldn't file a copyright. It's just not such a huge concern.

AFAIK (not a legal opinion!), if you copyright as unpublished and then publish, it is still very much valid. But it's very easy to send your question to the US Copyright Office. Since you don't live in the US, instead of calling you could submit your question here: https://www.copyright.gov/help/ Get an answer straight from the horse's mouth.

Good luck
Casey

Thanks Casey. So if I register my work now before it's on sale should I select unpublished even though it will be released for sale in a month or two?
When it is on sale will this unpublished registration still be valid?
I wouldn't want to fall foul of any technical loopholes further down the track in the unlikely event of a copyright dispute.

Cheers
-Michael

[rolanoid]

Thanks Casey that's very helpful of you.

-Cheers
Michael

[lesmac]

OOOPS, Sorry about that Michael.