Q: If I write a song then someone writes the same song or steals my song and copyrights it, can I still copyright my song?

A: You would need to have evidence that you are the author of the song and make a claim of copyright infringement. If it is the same song that has already been registered, this would be the correct course of action to seek primary relief.

You can still try to register your song at the US Copyright Office as soon as possible. If your application is rejected based on an existing registration you can file a request for reconsideration to argue why the office should not have granted the other party's registration. These steps would support your claim of ownership.

Even if you successfully challenge a registration at the Copyright Office, the final determination of copyright ownership may still need to be decided in a court of law.

A: Under U.S. copyright law, you automatically own the rights to your original work as soon as you create it, even without formal registration. Your ownership exists from the moment you write down the lyrics or record the melody.

If someone copies your song and registers it first, you can still register your copyright and pursue legal action against them. You'll need evidence showing that you created the work before they did - this could include dated recordings, written manuscripts, emails, or witnesses who can verify your earlier creation.

Taking legal action will require filing a copyright infringement lawsuit, where you'll need to prove both your ownership and that the other person copied your work. While having an earlier registration would make the case stronger, you can still win with clear proof that you were the original creator. Consider documenting your creative process thoroughly and keeping all draft versions to protect yourself in these situations.