Your songs, lyrics, recordings, artwork, band name and logo are all property, and each one is protected differently. Knowing which is which costs nothing. Finding out after someone prints your logo on a bootleg shirt costs a lot.

This is general information, mostly from a U.S. angle, and not legal advice. Rules differ by country. Check your national copyright and trademark offices, and talk to an IP lawyer before you sign or send anything serious.

The three things to know

Copyright covers your songs, lyrics, recordings and artwork. In the U.S., it exists the moment the work is fixed, whether that's a demo, a notebook page or a session file. There are usually two copyrights in a recorded song: one for the composition (music and lyrics) and one for the sound recording (the master). Know who owns each.

Trademark covers the band name, logo and other branding that tells people the shirt or the record is from you. In the U.S., trademark rights come from using the mark in commerce, and federal registration through the U.S. Patent and Trademark Office strengthens them nationwide.

Licensing is how other people get permission to use your work: a sync placement, a sample, a cover, a compilation. The license says what they can do, where, for how long and for how much.

Register before you need it

Copyright exists without registration, but in the U.S. registration decides what you can do about infringement.

  • You generally can't sue over a U.S. work until the Copyright Office has registered it or refused registration. The Supreme Court confirmed this in 2019, in Fourth Estate v. Wall-Street.com.
  • Statutory damages and attorney's fees are generally off the table for infringement that started before registration, unless you registered within three months of first publication (17 U.S.C. 412). Without those, a case against a small-time infringer often isn't worth bringing.

The practical move: register songs and recordings at or before release, not after you find a problem.

For the name, search before you commit. Check the USPTO's trademark search, streaming services, Bandcamp and social handles for bands already using it. Renaming after two records and a run of shirts is a hard reset.

Licensing without getting burned

Every license should answer these questions in writing:

  • What is licensed: composition, master or both
  • Use: streaming, film, game, ad, live performance, remix
  • Term and territory: how long, and where
  • Exclusive or non-exclusive: exclusive pays more, but it blocks you from licensing the same track anywhere else
  • Money: upfront fee, royalties, or both, and who collects
  • Credit: how the band is named

If any of that is missing, ask before you sign. If the other side won't put it in writing, that's your answer.

When someone uses your work without permission

  1. Document it. Screenshots, links, dates, listings, receipts if you bought the bootleg. Save every message.
  2. Use the platform's process. Most stores, print-on-demand sites and video platforms have an infringement or takedown form. That's often the fastest fix.
  3. Send a cease-and-desist. A formal letter asking them to stop often settles it without going further.
  4. Talk to a lawyer. If it continues or the money is real, an IP lawyer can tell you what your registrations allow.

How the scene helps

Share what you've learned with other bands, especially young ones signing their first deals. Buy music and merch from the band, not the knockoff. And when you see a bootleg of a friend's design, send them the link.

This month, list every song you've released, note whether the composition and the recording are registered, and register the ones that aren't.