Protect Your Art, Not Your Wallet: A Songwriter's Guide to Smart Copyrights & Trademarks

Protect Your Art, Not Your Wallet: A Songwriter's Guide to Smart Copyrights & Trademarks

By Russell Nomer | July 30, 2025

As independent artists, we wear a lot of hats: songwriter, performer, producer, marketer, and social media manager. With so much on our plates, the legal side of things can feel overwhelming and, frankly, expensive. How do we protect our creative work without breaking the bank?

I’ve spent hours digging into this very question, and I want to share a practical, budget-friendly guide for fellow musicians. Let's clear up the confusion around copyrights and trademarks and find the smartest way to protect what’s yours.

First, The Big Misconception: Copyright vs. Trademark

Before we talk about saving money, we need to get this straight. These are two different tools for two different jobs. You can't use one to do the other's work.

  • Copyright: Protects your creative works. Think songs, lyrics, sound recordings, and album art. It’s about the art itself.

  • Trademark: Protects your brand. This is your artist name, band name, or record label name. It’s about how people identify you in the marketplace.

Understanding this difference is the first step to protecting yourself properly.

The Smartest Way to Copyright Your Music Catalog

When you have a batch of new songs, the thought of paying a separate filing fee for each one at the U.S. Copyright Office is daunting. Registering 10 songs individually could cost you over $450. This leads many artists to ask: "Can't I just put them all in a 'book' or collection and file it once?"

The answer is yes, but there's a catch and a much better way.

The "book" method is called a Group Registration of Unpublished Works. It costs about $85 to register up to 10 songs, but it has a major legal weakness: in a lawsuit, the entire collection is treated as a single work. This severely limits your power if someone steals multiple songs.

The Indie Artist’s Secret Weapon: GRMW

The best tool for us is the Group Registration of Musical Works (GRMW). This is the sweet spot between cost and protection.

Here’s why the GRMW is your best bet:

  • Cost-Effective: You can register up to 10 songs on a single application for the same low fee of $85.

  • Strong Protection: Unlike the "book" method, every single song in a GRMW filing is treated as an individual work in the eyes of the law. This means if someone infringes on multiple tracks, you can sue for multiple infringements, giving you much more legal leverage.

For the price of a few pizzas, you can get robust, individual legal protection for a whole batch of your creative work. It's the most intelligent, budget-conscious move a songwriter can make.

Registration StrategyCost (for 10 songs)Protection LevelMy Recommendation
Group of Unpublished Works$85Weak.Avoid unless absolutely necessary.
GRMW (Group of Musical Works)$85Strong.The best option for indie artists.
Standard Application (1 by 1)$450+Strongest.Overkill unless it's a confirmed hit.

Protecting Your Brand Name on an Indie Budget

What about your artist name or your label name? This is trademark territory, and unfortunately, there's no group discount here. Your name and your label would be two separate applications, and federal filing fees start at around $250-$350 each, not including lawyer fees.

So, what’s an artist with limited funds to do? Use a phased approach.

Phase 1: Establish Free Common Law Rights (Do This Now)

You don’t need to pay a cent to have trademark rights. Your rights begin the moment you start using your name in business.

  1. Do a Search: Before you commit to a name, search it on Google, Spotify, and the USPTO's TESS database to make sure another artist isn't already using it.

  2. Use It Consistently: Use the name everywhere—on your releases, your website, your social media.

  3. Use the ™ Symbol: You can and should start using the symbol next to your name right away (e.g., Russell Nomer Music™). It costs nothing and puts the public on notice that you consider this your brand.

Phase 2: Invest in Federal Registration (Do This Later)

When your music is generating income and you have a growing national reputation, that’s the time to invest in a federal trademark. This gives you nationwide protection and the right to use the coveted ® symbol. Think of it as protecting a business asset once that asset starts to become valuable.

Your Action Plan

Feeling empowered? Here’s your checklist:

  1. Recognize the Difference: Know that your songs need copyrights and your brand name needs a trademark.

  2. Copyright Smart: Bundle up to 10 of your songs and register them together using the GRMW application at Copyright.gov.

  3. Trademark Free (For Now): Do your research to ensure your name is unique, then start using it everywhere with the symbol to establish your free common law rights.

  4. Plan for the Future: Budget for a federal trademark registration down the line when your career and revenue justify the investment.

Protecting your work is one of a musician's most important jobs. By using these strategies, you can do it intelligently and affordably, saving your hard-earned money for what really matters: creating and sharing your music.


Disclaimer: I am an artist sharing my own research and experience, not a lawyer. This post is for informational and educational purposes only and does not constitute legal advice. Please consult with a qualified attorney for advice on your specific situation.

Comments

Popular posts from this blog

Russell Nomer Music Catalog