When does a track become yours?
Under Russian law, copyright in a musical work arises automatically when it is created in a tangible form: an audio file, sheet music, or even a voice memo on your phone. Registration, an official stamp, or a visit to a notary is not required for the right itself to exist.
One distinction often causes confusion: copyright protects a specific work, not an abstract idea. Planning to “sing about a breakup over acoustic guitar” does not give you a monopoly on that subject. The music and lyrics you create may be protected. Whether particular elements are protected, and whether another work is too similar, depends on the circumstances of the dispute.
- Protects the music and lyrics
- Held by the lyricist and composer
- Generally lasts for life plus 70 years
- Using another person’s work requires permission
- Protects a particular sound recording
- Held by the performer and recording producer
- These rights are needed for distribution
- Licensed to platforms through your distributor
Copyright and related rights are different
A single track usually involves several separate rights that are easy to confuse:
- Copyright in the composition: the music and lyrics. It belongs to the composer and lyricist, or their successor in title, such as a publisher.
- Related rights in the recording: rights associated with a particular sound recording, or phonogram. They belong to the performer and recording producer, often the artist or producer who made it.
If you wrote and recorded the song yourself, you can hold both sets of rights. If you record someone else’s song as a cover in your own arrangement, you acquire rights in your recording, but copyright in the original music and lyrics remains with its author. That is why, in the Russian-law context discussed here, recording a cover yourself does not remove the need to obtain permission for the underlying song.
The same distinction matters for co-writing. If one person writes the music and another writes the lyrics, each has rights in their contribution. Royalty splits are a separate agreement between you, ideally recorded in writing.
Automatic protection still leaves a question of proof
Your rights arise automatically, but in a dispute a court or platform needs evidence that you created the track first. A local file date is weak evidence because it can be changed in a few clicks. Independent records with dates you do not control alone are more useful.
The following can help build a stronger evidence trail:
- Original DAW projects. A saved Ableton, FL Studio, or Logic project with version history and creation metadata shows the working process, drafts, and intermediate versions, not just a finished track.
- Drafts and sketches. Early lyrics, voice notes, and demos create a dated development history. A longer, consistent chain of versions can be more persuasive.
- Cloud backups. Google Drive and Yandex Disk record upload dates on the provider’s side, giving you evidence beyond your own local records.
- A dated publication or message. A social post or an email sent to yourself can provide a timestamp recorded independently of your local file.
- Depositing the work. A deposit records that a particular work existed on a particular date. In the Russian context, this can be useful formal evidence of what you submitted and when.
You do not need to deposit your entire catalog. Consider specific tracks where there is a real risk, such as a potential breakout song, disputed co-writing, or material someone has already tried to claim.
Consider deposits selectively: focus on tracks with a real ownership risk, such as a potential hit or disputed co-writing.
What about ISRC and UPC? Aren’t they official?
A common misconception is that an ISRC, which identifies a recording, or a UPC, which identifies a release, officially proves who wrote it. It does not. These are technical identifiers for cataloging, tracking streams, and allocating royalties between platforms and distributors. A code can be assigned to a release submitted through a distributor without verifying or establishing authorship of the music or lyrics.
In other words, ISRC identifies a recording; it does not establish who wrote the song. If someone unlawfully releases your song before you and gets an ISRC for it, that does not make them the author. You would still need to prove authorship separately, using evidence such as the records described above, rather than relying on the code.
ISRC and UPC do not prove authorship. They are technical identifiers used for stream and royalty accounting, not certificates showing who created the work first.
What happens to your rights when you use a distributor?
Another common concern is whether uploading through a distributor means losing your rights. Distribution normally involves a license: permission to use the recording in specified ways, such as delivering it to platforms, listing it in catalogs, and administering payouts, on agreed terms and usually for an agreed period. That is different from assigning ownership of copyright or related rights. You remain the rights holder.
The distinction matters. An assignment transfers ownership, allowing the new owner to exercise the transferred rights. A license instead permits defined uses while you retain ownership. Your ability to take down releases, change distributors, or close your catalog depends on the license terms.
What to do in practice
Most artists do not need a notary or registration for every track. A sensible minimum is to keep original projects, stems, correspondence with co-writers, and dated file versions, and to agree royalty splits in writing before release. For important works, consider a deposit, understanding that it records the material and date submitted but does not guarantee that you will win a dispute. ISRC helps identify a recording; it is not proof of authorship.
If you are unsure which permissions a particular track needs, such as when using someone else’s beat or recording a cover, read our guide to releasing a cover officially. If an automated system claims your own recording in a video, see how to handle a Content ID claim on your own YouTube channel. For a substantial deal or an unclear chain of rights, have an intellectual property lawyer review the documents before publication.
This article provides general information about the Russian-law context and is not legal advice. If a dispute arises, consult an intellectual property lawyer.
