How do I check if a song is copyrighted?
Assume it is, then search the US Copyright Office’s Public Records System and The MLC to find out who owns it. The Copyright Office says a work is protected “the moment it is created and fixed in a tangible form,” and registration is voluntary.
So a song with no registration on file isn’t free to use. Plenty of songs are never registered and are still fully protected.
To look for a registration, search the Copyright Public Records System by title and writer. It covers 1898 to 1945 and 1978 to today. Very recent registrations can lag behind.
To find out who owns a song, The MLC’s Public Work Search is free and shows the writers and publishers behind millions of songs. ASCAP’s ACE Repertory has a Songview mode that covers ASCAP and BMI songs together. These tell you who to ask for permission. They can’t tell you whether a melody you hummed belongs to someone.
A recorded song carries two copyrights: one for the composition and one for the recording. Our guide on how to copyright a song explains the difference, and how to register your own.
If you want to release a cover, you don’t need the owner’s personal sign-off in the US, but you do need a mechanical license. Cover song licensing walks through the costs. Sampling a recording is different, and needs the owner’s permission.