Can You Get a Copyright if Your Song Title Is Already Registered?

When it comes to copyright protection, the process of registering a copyright with the US Copyright Office can seem straightforward. However, what happens if the title of your song happens to be the same as an already registered song with the office but the lyrics are different? This article aims to clarify these nuances and shed light on whether you can still get a copyright if faced with such a dilemma.

Understanding the Basics of Copyright

A common misconception is that song titles themselves are protected under copyright law. In reality, names and short phrases, such as titles, are generally not considered original and are not protected by copyright. This means that if you write a song called 'Gloria,' you can still get a copyright even if there are multiple songs with the same title. Similarly, if you have a song called 'Jesse,' you too can obtain a copyright, regardless of the existence of other similarly named songs.

Unique Elements of Copyrightable Work

The copyright registration process primarily focuses on the creative and original elements of your work, which include the lyrics, melody, and any other creative aspects of the song. The Copyright Office evaluates these components to determine the uniqueness of your work. Therefore, despite the title collision, your song can still be granted a copyright as long as the lyrics and other components are original and different from those of the already registered song.

Example of a Rental Title

For example, consider the song titled 'I’ve Got Tears in My Ears from Lying on my Back in my Bed as I Cried Over You.' Although this title is rather unique and detailed, the challenge lies with the song 'I've Got Tears in My Eyes.' Though both titles rhyme and are similar, the registration process considers the core elements of the song, including the lyrics and melody, rather than the title alone. In such a scenario, if your song features distinct lyrics and a different melody, it can still be registered with the US Copyright Office.

Legal Precedent and Copyright Office Policy

Legal precedents and the policy of the US Copyright Office support this view. The office emphasizes that names and short phrases are not subject to copyright protection. Therefore, if you attempt to re-register a song with the same title despite an existing registration, the Copyright Office will still proceed to file the copyright application as per normal procedures. This is because the office evaluates the song based on its content and originality rather than its title.

Steps for Copyright Registration

Even if a title collision exists, here are the steps you can take to register your song with the US Copyright Office:

Research Existing Registrations: Use the online search tool provided by the US Copyright Office to ensure that your desired title is not already registered. While you cannot register a song with exactly the same title, you can still register it if the title is slightly different or if the creative content is unique. Prepare Your Application: Fill out the necessary forms for song registration, including the application form and providing detailed descriptions of your song, including any associated lyrics and music. Pay the Filing Fee: Submit the required filing fee for the registration process. Fees vary based on the type of work and the number of pages in the application. Submit Elsewhere: Provide any additional information or documentation that the office may request to fully process your application. Receive Confirmation: Once your application is complete, you will receive confirmation from the US Copyright Office that your song has been registered.

Conclusion

While a title collision can cause some initial concerns, it does not preclude you from obtaining a copyright for your song. Remember that the Copyright Office prioritizes the originality and uniqueness of the creative content over the title itself. By meticulously preparing your application and ensuring the distinctiveness of your work, you can successfully secure your copyright, even if the title is already registered. Always consult the official guidelines of the US Copyright Office to navigate the registration process smoothly and effectively.