A song can start in a thousand different ways, from jottings in your notebook to an improvisation during a rehearsal with your band. But when it seems like it’s finally finished, the big question arises : How do you register a song to protect it?
In Spain, a song is protected by copyright from the moment it is created. It does not need to be registered anywhere for that protection to exist. Royal Legislative Decree 1/1996, which enacts the Consolidated Text of the Intellectual Property Law, recognizes that the author of a work holds a series of moral and economic rights from the moment the work is created.
Therefore, registering a song is not mandatory. That said, it can be highly recommended. Above all, because when a dispute arises, it’s not enough to simply say, “I wrote this.” You have to be able to prove it.
Why Register a Song?
The primary purpose of registration is to establish the authorship of a work, providing evidence of ownership with a declared title and a certified date. Pursuant to Article 145 of the Consolidated Text of the Intellectual Property Law, it is presumed—unless proven otherwise—that the registered rights exist and belong to their owner as reflected in the registry entry.
And in the world of music, this can be quite significant. Many works are created collaboratively, without much (or any) documentation. One person comes up with a melody, another writes the lyrics, another creates the backing track, and yet another adds arrangements that end up being recognizable in the final song.
As long as everything is going well, no one usually dwells too much on those details. The problem arises when the song starts generating revenue, when a synchronization proposal comes in for a campaign, when a label asks you to sign a contract, or when someone leaves the project.
At that point, properly documenting authorship ceases to be a mere formality and becomes a practical matter.
What Can Be Protected in a Song
When discussing the registration of a song, it is important to keep in mind that a musical work may incorporate various protected elements, and that not all of them give rise to the same rights.
A song may include lyrics, a melody, an instrumental composition, arrangements, a performance, and a recording. From a legal standpoint, each of these elements may have its own significance.
Copyright in Musical Works
Musical works (the composition and, where applicable, the lyrics) are protected by copyright. These rights belong to their creators or to those who have lawfully acquired them through a contract.
Protection applies to the intellectual creation itself, regardless of the specific version that is subsequently performed or recorded.
Related Rights in Recordings and Performances
When that musical work is performed and captured on a recording, rights other than copyright come into play.
On the one hand, performers may hold rights in their performance. On the other hand, the resulting recording (known as a phonogram or master) may give rise to rights in favor of the phonogram producer, if any.
This distinction is particularly important in the field of music: a musical work is not the same as the master recording we typically hear on digital platforms, the radio, or physical media. Each may belong to different rights holders and require different authorizations for its use.
How to Register a Song with the Intellectual Property Registry
One of the common ways to register a song in Spain is to file with the Intellectual Property Registry, a process that requires:
- identify the work
- identify who the authors or owners are
- submit the required documentation
- submit a copy that clearly shows the creation
- In the case of musical works, it may be necessary to provide the score or other materials that allow the composition to be identified.
If the song has multiple authors, it's best to draw up a contract in advance
When a song is composed as a group, it is advisable to agree in the contract on who contributed what and in what percentage, to avoid problems in the event of future conflicts.
An internal agreement helps regulate situations such as:
- the distribution of rights and revenues
- the use of the song
- decision-making regarding licenses
- the departure of a group member
- the possibility that a brand, an audiovisual production company, or a record label might use the work.
And after recording the song?
Once the work is protected, the next question is how to manage the rights that may arise as the song is used, distributed, or commercially exploited.
Depending on the project, various stakeholders may be involved: collective management organizations, music publishers, phonogram producers, digital platforms, record labels, or companies interested in using music in advertising campaigns, audiovisual productions, or video games. In Spain, collective management is primarily handled by the SGAE (authors and publishers), AIE (performing artists), and AGEDI (phonogram producers), organizations responsible for collecting and distributing the royalties generated by the use of music.
It isn't necessary to resolve all these issues right from the start, especially in projects that are just getting underway. However, being aware of them helps prevent mistakes and make the most of any opportunities that may arise.
The group's name matters, too
Protecting the song is essential, but it’s not always enough. If the music project has a stage name, a band name, a logo, or a recognizable visual identity, it may be worth considering protecting it as a trademark, as we saw in this analysis of the trademark strategy behind Rosalía’s latest album.
Copyright protects musical works. A trademark, on the other hand, protects a symbol that identifies a business’s origin. In practice, it can be useful for preventing third parties from using the same or a similar name for musical activities, entertainment, merchandising, or other products related to the project.
Furthermore, the trademark is territorial. If a group begins to expand outside of Spain or sells products associated with its name, the protection strategy must be considered with a long-term perspective.
Common Mistakes When Protecting a Song
Some of the most common mistakes include:
- To think that uploading a song to the internet can serve as evidence of its date. Although such a post may help prove that the work existed on a specific date, it does not clarify who its author is.
- Failure to clarify in advance how the proceeds will be divided among the co-authors.
- Confusing the work with the recording. The song and the master recording do not always belong to the same rights holders.
- Using third-party materials without verifying their status. A downloaded backing track, a recognizable snippet, a cover version, or someone else's lyrics can cause problems if the necessary permissions have not been obtained.
Recording a song is just the beginning
Registering a song can be a good first step, but it shouldn't be the only one. Truly protecting a musical work requires a comprehensive view of the project: authorship, ownership, contracts, recording, licensing, branding, and future exploitation.
Music has creative value, but it also has economic value. It can generate revenue, reputation, collaborations, business opportunities, and conflicts if not managed properly.
That's why, before releasing or licensing a song, it's a good idea to carefully review what has been created, who was involved, and what rights need to be documented.
At ELZABURU, we assist authors, artists, production companies, audiovisual firms, and creative projects in protecting, managing, and defending their intellectual and industrial property rights, from the creation phase through to the commercial exploitation of their works.
Jesús Nogués, Attorney in the Media & Entertainment Practice Group at ELZABURU
Frequently Asked Questions About How to Record a Song
Is it mandatory to register a song?
No. In Spain, a song is protected from the moment it is created. Registration is not required, but it can serve as proof of authorship, date of creation, and ownership.
Where can you record a song in Spain?
One of the main avenues is the Intellectual Property Registry, where the authorship or ownership of rights to a musical work can be registered.
Can I register just the lyrics?
Yes. Lyrics can be protected independently. If there is also a musical composition, it is advisable to consider whether to register the complete work or each element separately.
What happens if the song has multiple authors?
It is recommended to identify all authors and determine their respective shares before registering or exploiting the work.
Does registering the song also protect the band's name?
No. If you want to protect the name of the group or artist as a distinctive mark, it must be analyzed from the perspective of trademark registration.