How To Protect Your Music with Cosynd as a Non-U.S. Creator
Let’s dive in…
One crucial fact that creators often overlook is that most copyright infringements happen in the United States. While it might seem like a distant concern if you’re based in another country, the reality is that your music could be at risk of being misused, sampled, or outright stolen in one of the largest music markets in the world. That’s why understanding how to protect your rights, as a non-U.S. citizen or foreign work author, is essential.
What is a Foreign Work?
The U.S. Copyright Office defines “foreign works” as creations by creators or authors who are not U.S. citizens or nationals, or works that were first published outside the United States. Despite the geographical and legal differences, these works can still be eligible for copyright protection in the U.S. under certain conditions.
Can I Register My Foreign Work with the U.S. Copyright Office?
Good news: Yes, you can!
The U.S. Copyright Office allows for the registration of foreign works, and doing so is strongly recommended for global artists. Registration is vital because it provides substantial legal protections, including the ability to seek statutory damages and attorney’s fees in cases of infringement.
Is My Work Protected Internationally?
The reality is that no singular “international copyright” automatically protects your work worldwide. That said, registering in the U.S. is the closest you can get to global protection, safeguarding your work in over 175 territories. Protection against unauthorized use depends on the national laws of each country. While copyright protection depends on each country’s national laws, many nations have treaties that offer some level of protection to foreign works. The extent and conditions of this protection vary, and some countries provide little to no protection for foreign works, making it essential to understand the copyright laws where your music is distributed.
International copyright treaties and conventions have greatly simplified securing protection across borders. The United States is a member of several key treaties, including the Berne Convention, the WIPO Copyright Treaty, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which establish important “points of attachment,” such as the author’s nationality or the place of first publication, that determine whether a work is eligible for protection in member nations.
By registering your work with the U.S. Copyright Office, you not only safeguard it in one of the world’s largest music markets but also extend protection to 175 territories. This is a key reason that the international community has a significant interest in registering their works with the U.S. Copyright Office, especially when local protections are inadequate or when there’s a vested interest or publishing requirement for securing rights in the U.S.
📌 For more information on the treaties and conventions that the U.S. participates in and the protection available under international law, you can review the U.S. Copyright Office’s overview right here.
Understanding the Scope of U.S. Copyright Protection
While registering your work with the U.S. Copyright Office offers significant benefits, it’s important to note that U.S. copyright law will apply if a copyright infringement lawsuit occurs within the United States.
- For U.S. works, registration is mandatory before you can file an infringement lawsuit, and timely registration is required to seek statutory damages and attorney’s fees.
- Foreign works, on the other hand, do not need to be registered before filing a lawsuit in the U.S. However, registering before an infringement occurs will increase the compensation you are entitled to—up to $150,000 per willful infringement.
Why Registering with the U.S. Copyright Office Is a Smart Move
Registering your work with the U.S. Copyright Office not only safeguards your music in one of the world’s most influential markets, but also opens up avenues for significant legal recourse in the event of infringement. Why is this so important?
- Legal Protection: Registration is required to file an infringement lawsuit in the U.S., which is essential since most copyright disputes arise there. Without registration, you may be unable to pursue legal action if your work is stolen or misused in the U.S.
- Statutory Damages and Attorney’s Fees: By registering before an infringement occurs, you become eligible for statutory damages (up to $150,000 per infringement) and attorney’s fees, which can be substantial and are crucial for deterring potential infringers.
- Global Market Reach: The U.S. is one of the largest music markets globally, making it a key area for copyright protection. Registering in the U.S. ensures that your rights are protected in this critical market, which can help secure your music’s integrity and your financial interests.
Our partnership with Cosynd makes protecting your copyrights simple and affordable, allowing you to focus on what you do best —creating music. With Cosynd’s streamlined service, you can prepare, review, and file your registration with the U.S. Copyright Office, ensuring all your work is protected against unauthorized use.
How to Determine Eligibility for U.S. Copyright Protection
Navigating the eligibility criteria can be a bit complex, but we’re here to help. Here are your options:
- Dual Citizenship: If you have dual citizenship, your work can be registered if at least one of your nationalities meets the eligibility criteria under U.S. copyright law. For example, if you are a dual citizen of Canada and the United Kingdom, both of which have copyright treaties with the U.S., your work is likely eligible for registration.
- Collaborative Works: If your work was created in collaboration with another author who is a U.S. citizen or resident, it might qualify for registration. For instance, if you’re an artist from Brazil (a country with a copyright treaty with the U.S.), and you collaborated on a song with a producer based in Los Angeles, your work would be eligible for U.S. copyright registration.
- First Publication Location: If your work was first published in the U.S. or in a country that has a relevant copyright treaty with the U.S., it may be eligible for registration. Even if you’re based in a country that doesn’t have a copyright treaty with the U.S., your work could still be protected if one of your co-authors is from a country that does.
- Unpublished Works: If your work remains unpublished, it can still be registered with the U.S. Copyright Office, which is often a strategic move for artists looking to secure their rights before global release.
In Conclusion…
Aside from protecting your music through copyrights, did you know Cosynd is the only solution that can also help you simultaneously manage all of your split sheets, work-for-hire agreements, and other copyright ownership agreements with one easy account? Learn more about everything Cosynd has to offer right here.
Don’t wait to make sure your music is protected! // Cosynd is here to help.
