How to register and protect our songs

25 March, 2024
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Intellectual property
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Lucas Charnet


In the world of music, there is a common but incorrect belief: it is compulsory to register a song with the SGAE (General Society of Authors and Publishers) for it to be protected and its owner recognised as the author. However, the reality is different, and it is important to understand the legal implications of registering a musical work.

The Holder of a Musical Work

Many musicians and composers mistakenly believe that they need to register their works with the SGAE to obtain legal protection. This is due to confusion with other types of industrial property such as trademarks and patents, which do require registration for protection. However, in the case of musical works, the author automatically holds the intellectual property rights from the moment it is composed. This is established by Article 1 of the consolidated text of the Intellectual Property Law: «The intellectual property of a literary, artistic, or scientific work belongs to the author by the mere fact of its creation».

However, is the automatic recognition of the author as the holder of a musical work from the moment of its creation sufficient to protect it against plagiarism or unauthorized use by third parties?

The reality is that, although such recognition provides initial protection, it does not guarantee an effective defence against plagiarism or unauthorised use, especially in a digital world where the ease of copying and sharing content is omnipresent. In many cases, the lack of formal registration of the work may hinder the proof of its authorship in legal disputes, which could weaken the author’s position against potential infringers.

This is where the importance of registering musical works with entities such as the SGAE or the Intellectual Property Registry comes into play. While it is true that registration does not provide additional legal protection, it does provide solid documentary evidence of the existence of the work and its creator’s authorship. This can be crucial in case of litigation, as it facilitates the defence of copyright and increases the chances of successfully protecting the work.

Therefore, while the automatic recognition of the author as the owner of a musical work is an important first step in copyright protection, complementing it with a formal registration of the work with specialized entities can be a prudent strategy to strengthen the author’s position and ensure effective protection against possible plagiarism or unauthorised use by third parties.

The Registration of Musical Works

In Spain, songs can be registered with the SGAE, the Intellectual Property Registry (a public organization), or with private Intellectual Property Registries (such as Save Creative). The choice between these options will depend on the specific goals that authors search in terms of protection and management of their copyright.

Registration with the SGAE

Although the SGAE is mistakenly perceived as a public registry of works, it is actually a private entity for the management of copyright whose main function is to collect, on behalf of authors, economic returns known as royalties, generated by the public communication of musical works through various channels, from radio stations to live concerts, including popular streaming platforms like Spotify.

Moreover, as we have seen, by registering a work with the SGAE, there is established evidence of its existence, and from that moment on, the SGAE becomes the “guardian” of the author’s interests, ensuring that each reproduction – each public communication – of the work results in fair and equitable remuneration for the author.

To register a song with the SGAE for the purpose of managing its exploitation, it is necessary to first become a member by completing the forms provided by the entity. Both the author and a music publisher – if there is a music publishing agreement – can make this registration. The SGAE requires details such as the title of the work, the authors and their respective rights percentages, as well as the lyrics and a recording or musical score.

Once registered, the song will be included in the SGAE’s repertoire, and the entity will be responsible for collecting the royalties generated by its reproduction and public communication from then on.

Public Intellectual Property Registry

If the sole objective is to obtain documentary evidence of the existence of the work and its creator’s authorship supported by a public entity, the most convenient option is to go to the Intellectual Property Registry. This registry is located in most provincial capitals and allows for the registration of the rights of both the authors of the song and its performers, executants, and producers.

Unlike patents and trademarks, the registration fees are quite affordable, ranging between 12 and 15 euros per song. Additionally, an entire album can be registered for a single fee with its title and the titles of the songs it contains. In this case, in addition to personal identification (ID), and the song’s lyrics, it is necessary to register a musical score with the melody and, if possible, chord notation.

Private Intellectual Property Registries

Lastly, there are also companies that act as private intellectual property registries, such as Safe Creative. They offer authors the possibility to obtain evidence of their authorship, and they even offer the management of their copyright with a much more personalized attention than that provided by public registries or SGAE.

Conclusion

In summary, while the automatic recognition of the author as the owner of a musical work provides initial protection, complementing it with a formal registration in specialized entities such as SGAE, the Public Registry of Intellectual Property, or private registries significantly strengthens the defence of copyright.

Therefore, at Mes Advocats, we offer comprehensive advice and support in both the registration process of your songs and the strategy for its management and commercialization in the music industry. Our experience enables us to provide our clients with a fast, tailored service, and excellent results.

If you need further information or are interested in obtaining a quote, please do not hesitate to contact us.

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AuthorsIntellectual Property

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