You hear a new song and recognize your melody, your chorus, or a line from your lyrics. It’s a very unpleasant feeling, and it’s natural to want to react right away. But what you do in the first few days can have a big impact on how the problem is resolved.
The short answer: Don’t accuse anyone in public. Keep evidence of the copy, gather everything that proves the song is yours and how long it has existed, and consult a lawyer who specializes in intellectual property before filing a claim. In Spain, the song belongs to you as soon as you create it; registering it isn’t mandatory, but it goes a long way toward proving ownership.
In this guide, you’ll find the steps to follow, what evidence is typically accepted, the difference between a song and a recording, where to register a work in Spain, and when it’s worth seeking professional help.
What to Do First If You Think Someone Has Copied Your Song
Before contacting anyone, get your facts straight. These steps will help you avoid losing evidence and complicating the case:
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Don’t post about it or make accusations on social media. A public accusation without evidence can backfire and make it harder to reach a settlement. It’s better to wait until you have a clear understanding of the case.
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Document the possible copy. Save the exact links, take screenshots showing the publication date, credits, and number of views, and note where and when you heard it.
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Specify exactly what you think has been copied. Is it the melody, the lyrics, the backing track, or a portion of your recording? Note it down with the exact timestamps for each track. The more specific you are, the easier it will be to evaluate.
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Gather your evidence of authorship. Look for anything that proves the song is yours and that it existed before the other one. We’ll go over this in detail below.
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Seek professional advice. An attorney specializing in intellectual property can tell you whether there are grounds for a claim and how to proceed. In some cases, a comparative musical analysis will also be necessary.
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Take your time deciding on the best course of action. Your options range from direct contact or a formal request to filing a complaint with the platform or in court.
First, understand what belongs to you: the song and the recording
Here’s an important distinction that you should be clear about from the start, because it changes what you need to prove.
The work: composition and lyrics
The musical work is the song itself: the music and, if it has any, the lyrics. The Intellectual Property Law expressly includes among protected works “musical compositions, with or without lyrics.” The rights to it belong to whoever composes or writes it.
If someone has copied your melody or lyrics—even if they recorded it with a different arrangement and a different singer—the potential problem lies with the work itself.
The Recording: The Master
The recording, which the law refers to as a phonogram, is the fixation of sound: the specific file that plays on streaming platforms. The law considers the producer of the phonogram to be the person who takes the initiative and responsibility for making that first recording, and grants that person their own rights, distinct from those of the author.
If someone has used a snippet of your recording—for example, as a sample (an audio clip taken from another track)—the potential issue lies with the recording itself. Often, the same person is both the author and the producer, but not always: if you recorded in a studio or with a label, check what your contract says.
Not every similarity is a copy
The law protects original creations. That’s why it’s important to ask yourself honestly whether what you’re repeating is truly your own and original, or if it’s a common element of the genre—such as a very common chord progression. This is one of the first things an expert will evaluate.
How to Prove a Song Is Yours
In Spain, the intellectual property rights to a work belong to the author simply by virtue of its creation. You don’t need to go through any formalities for the song to be yours. The challenge, when a dispute arises, is being able to prove it: that you created it and that it existed before the other one did.
What Evidence Usually Works
No single piece of evidence is perfect on its own. What strengthens your case is a coherent set of dated evidence. Check to see if you have:
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Demos and voice memos with dates, on your phone or in the cloud.
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Projects from your digital audio workstation (DAW) with intermediate versions.
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Lyrics and drafts in notebooks, documents, or note-taking apps with version history.
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Emails and messages where you sent the song to someone, with the date.
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Previous releases: recorded performances, videos, or platforms where the song appeared earlier.
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People who were familiar with it: musicians, producers, or technicians who heard it or worked on it.
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Records of the work—whether official or private—that attest to its existence on a specific date.
A practical tip: Don’t edit or save the original files. Copy everything to another folder and work on the copy so you don’t alter the dates.
Why It Matters That Your Name Appears on the Work
The law presumes, unless proven otherwise, that the person who appears as the author in the work—through their name, signature, or identifying mark—is the author. That’s why it’s worth ensuring your name (or your stage name) always appears on sheet music, lyrics, credits, and file metadata.
Where to register a musical work in Spain
Registration does not create your rights, but it makes it much easier to prove them. You have two options.
The Intellectual Property Registry
This is the official public registry. Its own FAQs explain that it is not mandatory to register works—since rights arise upon creation—but that registration provides special protection.
That protection comes from the law: it is presumed, unless proven otherwise, that the registered rights exist and belong to their owner as indicated in the registration. Simply put: if someone disputes your authorship, it is up to that person to prove otherwise.
For a song, the Musical Composition Registry page states that you must submit the sheet music and specify the genre, the number of measures, the approximate duration, and the instrumental and vocal lineup. The application can be submitted online or in person, and there is a fee. Recordings can also be registered in the producer’s name.
Private registration platforms, such as Shamusic
Another option is to use a private platform that provides a dated record of your files. On Shamusic, you can upload a demo, lyrics, sheet music, a melody, or the final version of a song, and specify the authors and their percentage shares.
When you register it, you’ll receive a certificate with your file’s digital fingerprint, the exact date and time, and a link to verify it. That fingerprint is a unique code calculated from the file: if the file changes, the code changes. This way, you can prove that the song existed on that date.
You can do it in minutes, every time you finish a demo or a new version.
That’s why it’s best to register each song as soon as it exists, starting with the very first demo. The certificate is dated at that time, so if a copy ever surfaces, you’ll have proof ready and won’t have to piece together the dates.
How to File a Claim and When to Consult a Lawyer
The Usual Channels
Depending on the case, these are the most common options:
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Direct contact or formal request. Sometimes the problem can be resolved through an agreement: acknowledgment of authorship, a sharing of rights, or the removal of the track.
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Filing a complaint with the platform. Major services have forms for reporting copyright infringements, such as YouTube’s takedown form. Read the terms and conditions carefully before submitting it.
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Legal action. The law allows the rights holder to request that the unlawful activity cease and to seek compensation for material and moral damages caused.
When Not to Wait Any Longer
Consult an attorney specializing in intellectual property if:
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The other song is commercially distributed or generates revenue.
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You’re going to send a formal request or a complaint in your own name.
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There are contracts involved: with a label, a publisher, or a studio.
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The song has co-authors, and not all of you agree on what to do.
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You’re being asked to sign an agreement or are being offered money.
This guide provides general information and is not a substitute for professional advice regarding your specific case.
Frequently Asked Questions
Can I file a claim if I never registered the song?
Yes. Your rights have existed since you created it. You’ll need to prove your authorship with other evidence, such as mockups, files, and dated messages like the ones we’ve seen.
How long do I have to file a claim?
The law states that the statute of limitations for claiming damages expires five years after the right to file a claim first arose. Even so, it’s best not to wait: evidence gets lost and links disappear. A lawyer can tell you how that time limit applies to your case.
What if I co-wrote the song with someone else?
When a work is the result of collaboration among several authors, the rights belong to all of them. The most sensible thing to do is to talk to your co-authors before filing a claim and, if possible, to act in a coordinated manner.
Is this the same as musical plagiarism?
It’s the same issue from a practical standpoint. If you want to better understand what constitutes plagiarism, you can read our article on musical plagiarism.
Start keeping a record of your songs
The best thing you can do starting today is to document your songs before sharing them: include your name, the dates, and a registration. If you’d like, you can create an account on Shamusic and register your works. The free plan includes your first three registrations.
