Own your music, and your name.
Songs, recordings, artwork and the name you perform under are all intellectual property. Modern Mark helps musicians and creatives register them, license them and keep control of them.
A song carries two copyrights, one in the composition (the music and lyrics) and one in the sound recording. Registering with the US Copyright Office lets you sue for infringement and can unlock statutory damages and attorney’s fees.
An artist or band name is a trademark, and federal registration stops anyone else from claiming it for music or merch. Victoria started her legal career in the music industry, and Modern Mark handles both sides of a creative’s IP.
How do I copyright a song?
Your song is protected by copyright as soon as it is fixed, in a recording or on paper. Registration with the US Copyright Office is what lets you enforce it, so register the composition, the sound recording, or both, depending on what you own.
If you wrote and recorded the song yourself, one application can often cover both the composition and the recording. Co-writers and producers change who owns what, so settle splits in writing before release. See copyright registration.
What is the difference between a composition and a sound recording?
The composition is the song itself, the melody and lyrics, and usually belongs to the songwriters and their publisher. The sound recording, often called the master, is one recorded performance, and usually belongs to whoever made or paid for it.
Each earns its own royalties. Knowing which one you own decides which deals you can sign, and who has to approve a license such as a sync placement in film, TV or an ad.
Can I trademark my band or artist name?
Yes, once you use it in commerce, on recordings, live shows or merchandise. Register it in the classes that match how you earn, such as Class 41 for performances, Class 9 for recordings and Class 25 for clothing merch.
A stage name that is your real name needs your written consent in the application, and a name that is mainly a surname can be harder to register. Big brands police ordinary words in entertainment too. The New York Yankees have opposed applications including DADDY YANKEE.
Which words get music and entertainment brands opposed?
Music companies police ordinary words, and so do brands outside music. Strange Music has opposed 12 applications using “Strange”, including STRANGEFOLK, and The Village Recorder has opposed 8 using “Village”, including THE MUSICFEST VILLAGE.
| Word | Policed by | Oppositions | Latest |
|---|---|---|---|
| Monster | Monster Energy Company | 72 | Jun 2026 |
| Strange | Strange Music, Inc. | 12 | Sep 2025 |
| Yankee | New York Yankees Partnership | 9 | Mar 2026 |
| Village | The Village Recorder | 8 | Jun 2026 |
Can AI-generated music be copyrighted?
Only the human parts. The US Copyright Office does not register material generated by AI without human authorship, so disclose AI-generated elements when you register and claim the parts you wrote or performed.
AI also makes it easy to clone a voice or a style. Some states now protect a performer’s voice and likeness against unauthorized digital copies. See name, image and likeness rights.
How do musicians make money from their IP?
Through licenses. Streaming and radio pay performance and mechanical royalties, sync licenses place songs in film, TV, games and ads, and merch and brand deals license the artist’s name.
Modern Mark drafts and reviews the agreements behind these deals, including collaboration and split agreements and licensing deals. See licensing and monetization.
How we work with you.
Clear the name
A search and a straight read on risk before you invest in labels, packaging or a launch.
File it right
The right classes, a goods description that matches how you sell, and a specimen that proves use.
Defend it
Office actions, oppositions and enforcement, with a clear view of cost before each step.
More questions.
Q01Does mailing myself a copy of my song protect it?
No. The “poor man’s copyright” creates no legal advantage. Registration with the US Copyright Office is what lets you enforce your rights.
Q02Do I need to register every song separately?
Not always. Unpublished songs can often be registered together as a group, and the songs on a published album can be registered together, which keeps fees down.
Q03Can someone else trademark my band name?
They can try, especially if you haven’t registered it. Using the name first gives you rights, and registration makes them much easier to enforce nationwide.
Related help.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Oppositions
Received a Notice of Opposition? Your answer deadline and your options for defending or settling it.
Filed It Yourself?
Attorney help when a self-filed application gets an office action, refusal, abandonment, or opposition.
Foreign Applicants
USPTO rules require trademark applicants based outside the US to be represented by a US-licensed attorney.
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