Legal Question in Entertainment Law in Massachusetts

Copyright own lyrics?

Is it true that you can copyright your own lyrics simply by writing them down and sealing it or by e-mailing it to yourself or a loved one and not opening the e-mail? Does this automatically give you copyright protection? And if so, what can you do if someone uses your material and distributes it for profit, can you take them to court for damages or for compensation?


Asked on 4/10/07, 3:32 pm

2 Answers from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright own lyrics?

Copyright arises as of the moment that you write down the (original) lyrics. It is not required that you register your work, but it is a good idea (and it's cheap to do) for two reasons: (1) it satisfies the evidentiary requirement that your question is aimed at, and (2) it gives you the right to statutory damages plus attorney's fees if someone later infringes your work.

The mailing approach is sometimes known as "poor man's copyright" but why would you do that just to save the $30 filing fee? The registration form is available in .pdf format at the US Copyright Office's Web site, and it isn't hard to fill out.

Best wishes,

LDWG

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Answered on 4/10/07, 3:52 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Copyright own lyrics?

I agree with my colleague but the fee is $45 until July 1, at which time I believe the fees change for electronic filing and paper filing.

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Answered on 4/11/07, 11:26 pm


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