Yes, you can copyright a melody, and it happens automatically the moment you create it and fix it in a tangible form, like a recording or written notation. Copyright protection covers original melodies that meet a minimum threshold of creativity, giving you exclusive rights to reproduce, distribute, perform, and create derivative works based on your melody. While registration isn’t required for protection, it provides important legal benefits if someone copies your work.
You can copyright several distinct elements in music: melodies, lyrics, chord progressions (when sufficiently original), arrangements, and sound recordings. Each of these elements receives separate copyright protection when they meet the originality requirement. A melody gets protected as a musical work, while a specific recording of that melody creates a separate sound recording copyright.
The distinction between ideas and fixed expressions is important here. You can’t copyright the idea of a sad love song or a three-note sequence, but you can copyright the specific way you express those ideas through your unique melodic choices. Copyright law requires your melody to be “fixed” in a tangible medium – whether that’s sheet music, a MIDI file, or an audio recording.
Different components of a song can have different copyright owners too. The melody might belong to one person, the lyrics to another, and the recording to a third party. This is why understanding what you’re actually protecting matters, especially when collaborating or sampling existing works.
Melody copyright works automatically – the moment you sing a tune into your phone or write notes on paper, you own the copyright. There’s no application process or fee required for this automatic protection. Your melody just needs to be original (created by you) and have a minimal amount of creativity. Even simple melodies qualify if they’re your own creation.
Registration with your national copyright office adds extra benefits though. It creates a public record of your ownership, allows you to sue for infringement in federal court, and can provide statutory damages if someone copies your work. In music production courses, we often stress that while registration isn’t mandatory, it’s smart business practice for serious composers.
The originality threshold for melodies is relatively low – your melody doesn’t need to be groundbreaking or complex. It just can’t be copied from someone else or be so basic that it lacks any creative spark. A single sustained note wouldn’t qualify, but a simple children’s song melody would. The protection lasts for your lifetime plus 70 years in most countries, giving you long-term control over how your melodies are used.
Copyrighting a melody alone protects just the sequence of musical notes and their rhythm, while copyrighting a full song protects the entire composition including melody, harmony, lyrics, and structure. A melody copyright is narrower – someone could use your chord progression or song structure without infringing, as long as they create a different melody. Full song copyright gives you broader protection over all the creative elements working together.
Think of it this way: if you copyright just a melody, you’re protecting the main tune people would hum. If someone writes new lyrics to your melody or changes the chords underneath while keeping your tune, they’re still infringing your melody copyright. But they could freely use other elements from your song like the arrangement, tempo, or instrumental choices.
The rights each type provides differ too. Melody copyright covers reproduction and adaptation of that specific tune. Full song copyright extends to the entire musical architecture – the way verses flow into choruses, specific chord voicings, and how all elements combine. This broader protection often proves more valuable commercially, which is why publishers typically want rights to complete songs rather than isolated melodies.
Proving melody copying requires showing two things: the alleged infringer had access to your melody, and their melody is substantially similar to yours. Access can be proven through direct evidence (they admitted hearing your song) or circumstantial evidence (your song was widely available where they could have heard it). Substantial similarity is determined by comparing the melodies’ musical elements – pitch sequences, rhythmic patterns, and overall feel.
Courts use various tests to evaluate similarity. Some examine whether an ordinary listener would find the melodies substantially similar. Others look at specific musical elements like interval patterns, phrase structure, and melodic contour. Famous cases like the “Blurred Lines” lawsuit have shown that even general stylistic similarities can sometimes lead to infringement findings, though melody cases typically require more concrete copying.
The burden of proof lies with you as the copyright owner. You’ll need to demonstrate that similarities aren’t coincidental or based on common musical phrases. Expert musicologists often testify in these cases, analyzing the melodies note-by-note. Having your melody registered before the alleged copying occurred strengthens your position significantly, as it establishes a clear timeline of creation.
Independent creation is a complete defense against copyright infringement – if you genuinely created your melody without copying, you’re not infringing, even if it sounds similar to an existing work. Music has finite combinations of notes that sound pleasing, so coincidental similarities happen more often than you might think. Courts recognise this reality and won’t find infringement without evidence of actual copying.
Common musical phrases and patterns can’t be copyrighted, which further explains accidental similarities. Scales, arpeggios, and conventional chord progressions belong to everyone. Many pop songs use similar four-chord progressions, and classical music is full of shared melodic conventions. These building blocks of music remain free for all to use.
The finite nature of musical combinations means certain melodic patterns appear repeatedly across different songs. Courts consider this when evaluating infringement claims. They look at whether the similar portions are commonplace in the genre or truly original to the earlier work. This is why melody copyright protects specific creative expressions, not general musical ideas or techniques taught in music production courses.
Understanding melody copyright helps protect your creative work while respecting others’ rights. Whether you’re composing original melodies or working with existing material, knowing these fundamentals keeps you legally safe while pursuing your musical vision. At Wisseloord, we believe that knowledge of both creative and legal aspects makes you a more complete music professional.
If you’re ready to learn more, contact our experts today