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.

BMT Legal Team BMT Legal Team · 📅 Jan 2026 · ⏱️ 8 min read · LEGAL & PROTECTION
Cost
$45-$65
eCO Filing FeeFact
Damages
$150k
Statutory LimitPower
System
eCO
Electronic OfficeTool

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).

Legal Power Level
Unregistered Weak
Can send DMCA, can’t sue.
Registered (Late) Medium
Can sue, but no statutory damages.
Registered (Early) God Mode
Statutory Damages + Attorney Fees.

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.

  1. Create an Account: Go to copyright.gov/eco. Note: The site looks like it was built in 1999. This is normal.
  2. 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).
  3. Upload Your Work: Upload the MP3, WAV, or JPG files directly. This is the “Deposit Copy.”
  4. Pay the Fee: Pay via credit card or pay.gov.
  5. Wait: Electronic processing takes 1–3 months. (Paper filing takes 6–9 months. Avoid paper.)

Pro Tip: Register the “Collection”

If you have an album with 10 songs, don’t pay $45 ten times ($450). Register the entire album as a “Group of Unpublished Works” for one single fee ($85). It covers all tracks inside.

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)


• The melody & lyrics.
• Owned by: Songwriter.
• “I wrote the song.”
💿

Sound Recording

(Form SR)


• The actual MP3/Master.
• 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.

5. Frequently Asked Questions

How long does copyright last?
Life + 70 Years. For works created after 1978, protection lasts for the life of the author plus 70 years. It is a long-term asset for your heirs.
What if I use a sample?
Warning: You cannot copyright the part of your song that contains an uncleared sample. You must exclude that portion in your application (“Limitation of Claim”).
Is copyright global?
Mostly. Thanks to the Berne Convention, your U.S. registration is respected in over 170 countries. You generally don’t need to register in every country separately.