If you wrote the song, you have a copyright in the song. Before you can enforce your rights in your copyright, you must register your copyright with the United States Copyright Office. It sounds like what you believe is an infringement started before you registered the copyright so you won't be able to ask for an award of attorney's fees or for "statutory damages." Don't wait too long, either, because the statute of limitations for bringing a case for copyright infringement is 3 years. See 17 USC Sec. 507 at http://www.copyright.gov/title17/92chap5.html#507. If you knew more than 3 years ago that your work was being infringed, it is too late to sue on that claim.
Answered on May 20th, 2012 at 4:20 PM