There is no minimum age requirement to write a song; copyright protection begins automatically the moment a melody and lyrics are fixed in a tangible format. However, transforming a creative work into a source of income—known as publishing—introduces significant legal complexities related to commerce and contract law. Successfully distributing and monetizing music requires entering into formal agreements with various entities. This presents a challenge for creators who have not yet reached the age of legal consent.
The Difference Between Creating and Publishing
The creation of a song is a purely artistic act, granting the creator immediate, inherent copyright over the work the moment it is fixed. Publishing is the business function that exploits this copyright, turning ownership into revenue through commercial channels. This involves distribution, mechanical licensing, performance rights management, and synchronization licensing agreements.
When a song is distributed to platforms like Spotify or Apple Music, the act is governed by a legally binding distribution agreement outlining terms for payment and usage. Monetization also involves licensing the work, allowing third parties to use the composition in exchange for royalties. Because these agreements form the foundation of publishing, the legal system requires all parties to have the capacity to understand and uphold the terms, making the age of majority a critical factor.
The Core Legal Requirement: Age of Majority and Contracts
The fundamental barrier to a minor publishing independently is the age of majority, which is 18 years old in most US states. Below this threshold, an individual lacks the legal capacity to enter into a contract. Businesses are hesitant to sign agreements with minors due to the doctrine of voidable contracts.
This legal protection allows a minor to “disaffirm” or cancel most contracts they enter into at any point before they reach the age of majority. This ability to unilaterally nullify an agreement creates an unacceptable risk for distributors and publishers. For example, if a 16-year-old signed a distribution agreement and later canceled it at 17, the company would have no legal recourse to enforce the terms.
Consequently, nearly all commercial entities require the involvement of a legally recognized adult. Adult involvement ensures the agreement is binding and enforceable under the law, protecting the business interests of the company facilitating the publishing. This legal safeguard determines the minimum age for independently conducting the business of music.
How Minors Can Legally Publish Music
Since direct contracts are unenforceable, the primary solution for a minor is securing a parent or legal guardian to sign the agreement on their behalf. The adult acts as the contracting party, obligating themselves to the terms of the deal, which makes the agreement valid. This arrangement is common across the industry and allows the minor’s creative work to be exploited and monetized immediately.
For higher-level deals or complex royalty streams, parents often establish a formal business structure to manage the assets until the minor turns 18. A popular option is setting up a Limited Liability Company (LLC) where the parent serves as the managing member and primary signatory. The minor’s intellectual property assets are then assigned to this entity, which becomes the official counterparty in all commercial transactions.
Utilizing a formal entity like an LLC provides clear legal separation and protection for accrued income and assets. Alternatively, some families use a trust specifically drafted to hold and manage music royalties, designating the minor as the beneficiary. Both the LLC and trust methods provide a sound framework that prevents contracts from being voidable while preserving financial interests until the creator reaches the age of majority.
Setting Up Distribution and Royalty Collection
Releasing music requires setting up accounts with digital distribution services (e.g., TuneCore or DistroKid) and performance rights organizations (PROs). Since these platforms require users to agree to terms of service that function as contracts, the account must be registered under the parent or legal guardian’s name. The adult must accept the terms of service as the primary user, even if the minor is the sole creative force.
This requirement also applies to joining a PRO, such as ASCAP or BMI, which collects performance royalties when the song is broadcast publicly. The adult must execute the application and membership agreement, acting as the designated writer or publisher member. Furthermore, the bank account linked for receiving royalty payments must belong to the parent or the legal entity they established.
This ensures all revenue generated is channeled into an account managed by an adult, complying with institutional age restrictions. Once the creator turns 18, the accounts, membership details, and associated banking information can be formally transitioned into their name, granting them full control over their income stream.
Protecting the Song’s Copyright
While copyright exists automatically upon creation, formal registration with the U.S. Copyright Office provides the strongest legal protection. Registration is a prerequisite for filing an infringement lawsuit, offering advantages in court, including the ability to recover statutory damages and attorney’s fees. A parent or legal guardian can complete the registration process on behalf of the minor, listing the child as the author and owner. This step formalizes ownership and ensures the creator’s intellectual property rights are protected under federal law.