I get calls from artists telling me that they’ve made a recording of one of their songs and have let others hear it. Then, one day they hear something on the radio by a popular artist that is remarkably similar to their song. What do you do?
For starters, always copyright your songs before you let anyone have a copy of it. The process is straightforward and may cost as little as $35. Here’s a rundown of how the registration process works. Until you’ve copyrighted your song, you do not have federal protection and cannot sue in federal court because of the infringement. What’s more, unless you register your copyright within three months after the infringement occurs (or when you first learn about the infringement), then you will have no right to sue for damages in federal court.
To prove infringement, you must show both (1) copyright ownership (see above regarding registration) and (2) proof of copying. Proof of copying is shown by either direct evidence – the infringer admits it – or indirectly by showing (a) the infringer had access to the work and (b) there is a “substantial similarity” between your work and the allegedly infringing work. Continue reading