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Music Copyright Attorney: Protecting Your Artistic Rights

Author : Donghoo Sohn, Esq.



A music copyright attorney specializes in protecting the intellectual property rights of musicians, songwriters, producers, and music industry professionals. Whether you are an independent artist, record label, or music publisher, a music copyright attorney can help you navigate complex licensing agreements, enforce your copyrights, and resolve disputes. Understanding your rights and the legal framework surrounding music copyright is essential for anyone involved in the music industry. This guide explores the role of a music copyright attorney in New York and how these legal professionals can safeguard your creative work.

Contents


1. Music Copyright Attorney in New York : Understanding Copyright Protection


Music copyright protection grants creators exclusive rights to reproduce, distribute, perform, and display their musical works. Federal copyright law, codified in Title 17 of the United States Code, provides the foundation for music copyright protection. A music copyright attorney helps artists understand these protections and ensures their works receive proper registration and legal safeguards. Copyright protection is automatic upon creation, but registering your work with the United States Copyright Office provides additional legal advantages and enforcement options.



Federal Copyright Framework


The Copyright Act grants music creators several exclusive rights, including the right to reproduce the work, prepare derivative works, distribute copies, and perform the work publicly. These rights allow artists to control how their music is used and to receive compensation. A music copyright attorney ensures that artists understand these rights and can enforce them against infringement. Registration with the United States Copyright Office strengthens legal protection and allows for statutory damages in infringement cases. The registration process involves submitting the musical work, paying a filing fee, and providing required documentation. Understanding these federal protections is crucial for any musician seeking to protect their creative output.



Duration and Ownership Issues


Copyright duration depends on when the work was created and who owns it. For works created after January 1, 1978, copyright generally lasts for the life of the author plus seventy years. Works made for hire, such as compositions created by employees or under specific agreements, have different duration rules. A music copyright attorney helps clarify ownership issues and ensures proper documentation of copyright ownership. Disputes over ownership can arise when multiple parties contribute to a musical work, making legal guidance essential. Understanding duration and ownership prevents costly disputes and protects your long-term interests in your musical creations.



2. Music Copyright Attorney in New York : Licensing and Royalty Management


Music licensing involves granting others the right to use your copyrighted music in exchange for royalties or fees. There are several types of music licenses, including mechanical licenses, performance licenses, synchronization licenses, and master use licenses. A music copyright attorney negotiates these agreements to ensure fair compensation and protect your interests. Proper licensing agreements prevent unauthorized use and establish clear terms for how your music can be used across different platforms and media.



Types of Music Licenses


Mechanical licenses allow others to reproduce your music on physical media or digital platforms. Performance licenses permit public performance of your music in venues, on radio, or through streaming services. Synchronization licenses grant the right to sync your music with visual media, such as films, television shows, or advertisements. Master use licenses cover the right to use the specific recording of your song. Each license type serves different purposes and carries different compensation structures. A music copyright attorney ensures you understand these distinctions and negotiates terms that protect your financial interests. Proper licensing prevents disputes and ensures you receive appropriate compensation for each use of your music.



Royalty Collection and Distribution


Royalties from music licensing can come from multiple sources, including performance rights organizations, mechanical licensing agencies, and direct agreements with users. Performance rights organizations like ASCAP, BMI, and SESAC collect and distribute royalties from radio stations, streaming services, and venues. A music copyright attorney helps you register with appropriate organizations and ensures proper royalty collection. Understanding royalty distribution helps you maximize earnings from your musical works. Disputes over royalty calculations and distributions are common in the music industry, and legal representation ensures your rights are protected.



3. Music Copyright Attorney in New York : Enforcement and Infringement Actions


Copyright infringement occurs when someone uses your copyrighted music without authorization. Common forms of infringement include unauthorized reproduction, distribution, public performance, and creation of derivative works. A music copyright attorney identifies infringement, sends cease and desist letters, and pursues legal action when necessary. Enforcement of music copyrights requires understanding both the legal framework and the music industry's practices. Federal courts have jurisdiction over copyright disputes, and remedies can include injunctions, actual damages, and statutory damages up to one hundred fifty thousand dollars per work for willful infringement.



Identifying and Documenting Infringement


Identifying music copyright infringement requires monitoring where your music appears and how it is being used. Infringement can occur through unauthorized uploads to streaming platforms, use in videos without permission, or reproduction without mechanical license payments. A music copyright attorney helps document evidence of infringement, including screenshots, recordings, and metadata showing unauthorized use. Proper documentation strengthens your legal position and supports enforcement actions. The Digital Millennium Copyright Act provides additional protections for copyrighted music online and establishes procedures for takedown notices.



Legal Remedies and Settlement Options


When infringement is identified, a music copyright attorney can pursue several remedies. Cease and desist letters often resolve disputes without litigation. If negotiations fail, federal litigation may be necessary. Remedies available include injunctions preventing further infringement, actual damages based on lost profits or licensing fees, and statutory damages ranging from seven thousand five hundred to one hundred fifty thousand dollars per work. Settlement negotiations often result in licensing agreements or monetary compensation. A music copyright attorney evaluates the strength of your case and recommends the most effective enforcement strategy. Understanding available remedies helps you make informed decisions about protecting your music rights.



4. Music Copyright Attorney in New York : Related Legal Services


Beyond copyright protection, a music copyright attorney provides additional legal services to support your music career. These services include contract review for recording agreements, publishing deals, and collaboration arrangements. A music copyright attorney also assists with software copyright issues when your music involves digital technology or software components. Additionally, if you face criminal charges related to music distribution or unauthorized use, representation by an extortion attorney may be necessary to address serious allegations. Understanding the full range of legal services available helps you protect your interests comprehensively.



Contract Review and Negotiation


Music industry contracts often contain complex terms affecting your rights and compensation. Recording contracts, publishing agreements, and collaboration agreements require careful review to ensure fair terms. A music copyright attorney analyzes contract language, identifies potential issues, and negotiates favorable terms on your behalf. Many musicians sign unfavorable agreements without legal review, resulting in loss of control over their music or inadequate compensation. Professional legal review protects your interests and ensures you understand all obligations and rights under each agreement. Proper contract negotiation establishes clear expectations and prevents future disputes.



Dispute Resolution and Litigation Support


Disputes in the music industry can involve copyright ownership, royalty calculations, licensing rights, or contract interpretation. A music copyright attorney helps resolve these disputes through negotiation, mediation, or litigation. Mediation offers a less adversarial approach to resolving disagreements while preserving business relationships. When litigation becomes necessary, your attorney represents your interests in federal court. Understanding dispute resolution options helps you choose the most appropriate path forward. Effective legal representation protects your rights and maximizes the likelihood of favorable outcomes in music industry disputes.


29 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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