Many new musicians face similar issues when it comes to copyrighting their work. They will frequently say to a copyright attorney, "I self-recorded a CD with 10 songs, but I don't have a lot of money. Can I just get a copyright for the whole CD?"
To answer this question shortly and cheaply, the answer would be yes. However, to answer it correctly, the answer is no.
It is possible for a musician who has composed 10 songs and then recorded them onto a CD to file a single copyright on the whole CD. But, when dealing with copyright issues, you need to bear mind what your initial motivation was for filing a copyright. Generally speaking, the reason that most people have for filing a copyright is to ensure that their work is safeguarded from unauthorized third-party use, also known as infringement. So, if a musician obtains a copyright on their whole CD, consisting of 10 songs, and another musician comes along and copies just one of those songs, then the copycat musician has exploited just 10% of the whole copyrighted CD.
This could lead to the copycat musician to make the assertion that they are a fair consumer and not an infringer, with their claim being derived from the premise that their use of the copyrighted CD is diminimus, or a nominal amount that is not significant enough to constitute infringement. Even more frustrating, what if the copycat musician only uses 20% of one song? In this scenario, the percentage of the whole CD that the copycat musician is exploiting is only 2%, which is a very small amount, but will undoubtedly leave the original musician quite perturbed.
When filing a single copyright for a number of sub-works, you need to ask yourself whether the would-be infringements are more likely to be of the individual facets of the work, or of the work as a whole. If you deem that the would-be infringements are more likely to be of the whole work, then a single copyright could be adequate. Yet, if you perceive that the would-be infringements are likely be of the individual components, then it is advisable to copyright each of the components separately.
Another trouble spot of filing a single copyright on a whole work is that a copyright can only be registered for five years after its first publication. So, for the sake of argument, let's say that you do take the less expensive route and file a single copyright on your whole CD. Then, later on, you decide that you want to file a copyright on one of the individual songs. However, if five years have gone by since the whole CD was first published, it would not be possible for you to obtain an individual copyright registration, and you would be necessitated to rely on the original registration of the whole CD.
Moreover, added complications can arise, such as whether the individual song was performed in a different way preceding the performance of its rendition on the CD. This situation could result in an allegation that that earlier song was not copyrighted and can therefore be infringed with impunity. This is a stretch, but in litigation, this argument could be used against you.
In conclusion, for the more financially-strapped entrepreneurial musicians, spend the $45 per filing and file 10, and for those more financially free musicians, expend the $300 each and find a quality copyright attorney to assist you.
An additional copyright matter to take into consideration pertains to the musical score and lyrics of a song. For the same aforementioned reasons why it is recommended that you file separate copyrights on the individual components of you work, it is also advisable to copyright the lyrics and the score separately.
What is more, separate copyright registrations make it far less complicated for you to both sell and license the assorted pieces of your rights, without having to give away your work in its entirety.
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