Copyright vs. Trademark: Understanding the Difference & Protecting Your Music
- Brycsyn Hampton
- Feb 18
- 3 min read

If you're serious about your music career, you need to protect your work before someone else profits off it. But artists often confuse copyright and trademark, thinking they’re the same thing. They’re not—and knowing the difference will save you from headaches (and lawsuits) down the road.
What is Copyright?
Copyright protects your creative works, including:✅ Lyrics✅ Music (melodies, compositions, beats)✅ Sound recordings✅ Album covers✅ Music videos
The moment you write lyrics, record a song, or create a beat, you technically own the copyright. But here’s the catch—if someone steals your song, you can’t legally prove ownership in court unless you register it with the U.S. Copyright Office.
Why is this important? Because copyright gives you exclusive rights to:
Make money from your music (sell it, stream it, license it)
Control how it’s used (nobody can remix or sample it without your permission)
Stop others from copying it (if they do, you can sue them for damages)
What Copyright Doesn’t Protect:
Your stage name
Your logo or brand
Your song title
Those things fall under trademark law, which we’ll break down next.
What is a Trademark?
A trademark protects your brand identity, like:✅ Your artist name✅ Your band name✅ Your logo✅ Your record label name✅ A signature slogan or phrase
If you’re an independent artist, the last thing you want is to blow up under a name someone else legally owns—because you’ll either have to change your name (losing your brand recognition) or pay to license it (yikes).
How do you protect your name?By filing a trademark with the United States Patent and Trademark Office (USPTO) at www.uspto.gov. This makes sure no one else in the music industry can legally use your name.
How to Register Your Copyright (The Right Way)
To officially copyright your music, you have two main options:
1️⃣ Register each song individually💰 Cost: $45 per song (Single Application)📌 Best for: A big single you know will blow up or something super valuable that you want locked down immediately.
2️⃣ Register a collection of songs (batch method)💰 Cost: $65 per batch (Standard Application)📌 Best for: Albums, EPs, mixtapes, or multiple songs at once—this saves time and money by protecting multiple works under one copyright.
Pro Tip: If you’re working on an album or project, wait until it’s done and register the entire batch. But if you have a hit single, you might want to copyright it ASAP before someone else jacks it.
To register your music, go to www.copyright.gov and:✔️ Create an account✔️ Choose "Register a Work"✔️ Fill in the details (title, authorship, publication status)✔️ Upload your files✔️ Pay the fee and submit
Processing times can take 3-8 months, but once it's approved, you’re legally covered.
Final Words: Protect Your Bag!
Don’t wait until you “make it” to handle copyrights and trademarks. Artists lose MILLIONS every year because they didn’t protect their music properly. It’s cheaper to do it right upfront than to fight in court later.
💡 Rule of Thumb:
Copyright = Protects your music (lyrics, beats, recordings)
Trademark = Protects your brand (name, logo, label, slogan)
If you’re building a music career, lock down your assets before someone else does. Ownership is power! 🔥🎤
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