If someone says your song copies theirs, a key question is whether you made yours independently. In the US Supreme Court’s words, originality “means only that the work was independently created by the author (as opposed to copied from other works)”, and two people can independently create similar works. Dated records of how you made the song help you show your process: demos, project files, notes, messages. A blockchain timestamp can show a file existed no later than a certain time. It doesn’t prove you wrote it, and it won’t decide a claim. Take legal advice early. This is general information, not legal advice.
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What independent creation means
In Feist Publications v. Rural Telephone Service (1991), the US Supreme Court said originality requires independent creation plus a modicum of creativity. It gave a famous example: if two poets, each unaware of the other, wrote identical poems, “both are original and, hence, copyrightable” (Feist, Cornell LII).
The same decision says that, to prove infringement, a claimant must show two things: ownership of a valid copyright, and copying of constituent elements of the work that are original. So an accusation isn’t proof. The claimant has to show copying, not just that two songs sound alike.
Copyright law differs by country, so what counts as copying, and what the claimant must show, varies. A lawyer in the relevant country can tell you how it works.
What helps you show independent creation
You are showing how your song came to be. These records help:
- Dated demos and recordings. Early voice memos, rough takes and bounces, with their original file dates.
- Project files and stems. DAW sessions show a song building up over time. See how to prove a Logic Pro project existed before a date.
- Notes and lyric drafts. Notebook pages, phone notes and chord charts, with dates.
- Messages and emails. Sending a demo to a collaborator or friend leaves a dated trail.
- Collaborator statements. The people in the room can describe how the song came together.
- A listening record. If you used reference tracks, note which ones. Being open about influences usually helps more than hiding them.
- Split sheets. A record of who contributed what. Use our free split sheet generator.
Where a timestamp helps and where it doesn’t
A timestamp fixes a date for a specific file. It can help you show your song, in that form, existed before something happened: for example, before the other song was released.
It cannot show that you never heard the other song, that you wrote the file, or that the two songs are different enough. Timeline arguments cut both ways: if the other song was out first, a later timestamp doesn’t clear you, and a claimant can argue you had heard it. That’s why the other records in the list matter. For more, see what a timestamp does and does not prove for music and does registering a song with ASCAP or BMI prove you wrote it?
If you get a claim
- Don’t delete anything. Keep every file, version, message and device. If a dispute is likely, you may be expected to preserve evidence.
- Copy files carefully. Work from copies and keep the originals untouched, because editing changes the file and its fingerprint.
- Timestamp what you have now. It doesn’t backdate anything, but it fixes the state of your files from today. See how to prove a file existed before a date.
- Write a timeline. Dates, places, who was involved and which tools you used.
- Talk to a music or copyright lawyer before replying to a demand.
Start dating your work as you go
The best time to date a demo is when you make it. Add your demo, project file and lyric draft to one TimeBind. TimeBinder® records the fingerprint on the Bitcoin blockchain, made in your browser while the file stays on your device. For music examples, see how to prove a song or beat existed before a date.
Frequently Asked Questions
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Can two songs be similar without one copying the other?
Yes. US law says independent creation is what makes a work original, so identical works made without copying can both be original. Whether a claim succeeds depends on the facts and the law where you are.
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Does a timestamp prove I didn’t copy a song?
No. It shows a file existed no later than a time. It doesn’t show you never heard another song or that you wrote the file.
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What evidence is strongest?
A set of consistent, dated records: early demos, project files, notes and messages, backed by people who saw the work develop. No single item decides a case.
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Should I delete my old demos if I’m accused?
No. Keep everything, don’t edit originals and talk to a lawyer.
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Do I need a copyright registration to defend myself?
Registration is about bringing certain claims, not about whether you copied. Ask a lawyer how it applies where you live.
Date your next demo, free
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