Should I form an LLC as music publisher and then submit my music for copyright under the LLC name?

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Should I form an LLC as music publisher and then submit my music for copyright under the LLC name?

I have a question about music publishing. I’ve finished an album of 12 songs and am ready to release it after I’ve completed the administrative/business part. After doing a bunch of research, I think my plan should be as followsI’d like to form an LLC as publisher to separate from my personal assets,

then copyright the album under the LLC name. My question is about the LLC and the copyright. I’ve searched the copyright.gov database and have a names that’s not in use for a band name and song titles, and the band name is also available for use as an LLC name in my state. Do I have the right idea in forming the LLC, then submitting the copyright in the name of the LLC? What else should I be thinking about?

Asked on April 28, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, you are right in that you should have an LLC for the business, to protect you from any business related debts, obligations, or liability.
As to whether the song should be copyrighted in your name or the LLC's name: putting it in the LLC name has the advantage of making the LLC more valuable (if you should ever choose to sell some or all it), assuming the song ends up having value, since the LLC will own an asset with value; and may enhance the protection of you personally from any charges or claims of copyright violation (if it turns out that your song did somehow infringe on someone else's song or other intellectual property). While it is not necessary to do it this way--you could copyright in your own name and then license to the LLC--it is probably slightly better to have the LLC own the copyright.


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