Intro
As someone who writes songs in different languages (namely English and Spanish), I was wondering whether I should register my Spanish-language songs with INDAUTOR in Mexico (Mexico’s Institute of Authors Rights), since those songs I’d mostly be promoting within Mexico, and possibly working with Mexican music producers.
I’m based in the US, so wasn’t sure if I should register with the US Copyright Office, with INDAUTOR, or with both. In this article I go over what I learned regarding this topic.
Disclaimer: I am not an attorney, I do not practice law. Everything written here can and should be researched. Consult an attorney if you have any questions. Photo Credit: Bill Mason
Advice from a Copyright Expert
I reached out to Jonathan Bailey, a Copyright and Plagiarism Consultant, and here’s what he had to say about my situation:
“The United States, to my knowledge, is the only country where a registration provides any significant benefit. Other nations, due to the Berne Convention, don’t really confer any major benefits to a registered work other than potentially proof of ownership. That said, there’s no reason you can’t register for both. It’s not really an either/or situation. Many rightsholders register with multiple countries, in fact, most films are registered in many different places.”
“In the end, the USCO (US Copyright Office) is the only registration that comes with significant benefits. It also provides proof of ownership, but what that is worth in other nations is likely up to that specific country and/or court. If it’s a serious concern, I’d just register in both simultaneously, being careful to disclose that you are doing so if asked.”
U.S. Copyrights are Honored in Other Countries
A U.S. Copyright is actually honored in a great deal of other countries – at least in theory (good luck enforcing copyright violations in China, for example).
The U.S. has negotiated various international conventions, treaties, and other bilateral instruments with most nations around the globe. Another benefit to registering your songs in the U.S.
You can read more details about these treaties, and which countries they apply to, in the U.S. Copyright Office’s Circular 38A.
Conclusion
As of the time of writing (2023), it costs 300 pesos (about $15 USD) to register a song in Mexico (with INDAUTOR). You can actually register as many songs as you want for those 300 pesos, they just have to fit on a CD, which you send in when registering your songs.
The songs I’ll be showing around in Mexico, I will be registering both with the US Copyright Office, and also INDAUTOR, just in case. An extra $15 for some peace of mind is worth it.
And although it might not make a difference down the line, it just as well might. For $15 it’s worthwhile insurance.
Every country has different prices for registering works of art, though they aren’t usually too expensive, so if you’re thinking about registering your song(s) in a foreign land, as well as in the US, it’s not much extra to pay.
However if you are very worried about protecting your IP in a foreign country, I highly suggest reaching out to a music attorney in that country, for specific legal advice. Every country is different, so if you need to be 100% sure – seek legal counsel.
Many thanks to Jonathan Bailey for responding to our inquiry. He is a Copyright & Plagiarism Consultant / Expert Witness at CopyByte. He also runs the blog PlagarismToday.