How to Copyright Your Music or Art (Official Steps)
Did you just write a hit song or paint a masterpiece? Technically, you own the copyright the moment you create it. But if you want to sue someone for stealing it, you need a Federal Registration. Here is how to use the eCO System to lock in your rights for under $65.
1. Why Register? (The $150,000 Difference)
“I already own it, why pay the government?” The difference is your weapon in court. Registration turns your copyright from a “shield” into a “sword.”
| Right / Power | Unregistered | Registered |
|---|---|---|
| Ownership | Yes (Automatic) | Yes (Official) |
| Right to Sue | No (Blocked) | Yes (Federal Court) |
| Damages | Actual Loss Only | Up to $150k/work |
| Attorney Fees | You Pay | Loser Pays* |
*If registered before the infringement starts (or within 3 months of publication).
2. Step-by-Step: The eCO System
Don’t hire a lawyer for this. The U.S. Copyright Office website is ugly, but functional. Here is the DIY process for 2026.
- Create an Account: Go to copyright.gov/eco. Note: The site looks like it was built in 1999. This is normal.
- Select “Standard Application”:
- Single Application ($45): One work, one author, you are the owner. (Cheapest).
- Standard Application ($65): Multiple songs (an album), multiple authors (bandmates).
- Upload Your Work: Upload the MP3, WAV, or JPG files directly. This is the “Deposit Copy.”
- Pay the Fee: Pay via credit card or pay.gov.
- Wait: Electronic processing takes 1–3 months. (Paper filing takes 6–9 months. Avoid paper.)
Pro Tip: Register the “Collection”
3. Musicians Warning: The “Two Copyrights”
Music is tricky because every track has two separate copyrights. You need to know which one you are registering.
The Dual Structure of a Song
Musical Composition
(Form PA)
• Owned by: Songwriter.
• “I wrote the song.”
Sound Recording
(Form SR)
• Owned by: Artist / Label.
• “I performed/recorded it.”
DIY Tip: If you are an independent artist who wrote and recorded the song, check BOTH boxes in the eCO application to protect everything at once.
4. The “Poor Man’s Copyright” Myth
You heard it from a friend: “Just mail the CD to yourself and keep the envelope sealed.”
⛔ Stop Doing This
It does not work.
- U.S. Copyright Law does not recognize postmarks as proof of ownership in the way you think.
- It definitely does not grant you the right to sue in federal court or claim statutory damages.
- It is a waste of postage stamps. Use eCO instead.