How to Check If Music is Copyrighted?

Using music for personal projects, social media platforms, or commercial ventures is more common than ever. However, before you hit the play button, it’s vital to ensure that the music you’re using isn’t copyrighted.

Failing to check can lead to serious legal consequences, including fines or having your content removed. Copyright laws are designed to protect creators’ intellectual property, and this includes most of the music you encounter daily.

Whether you’re a content creator, filmmaker, or business owner, knowing how to check if a popular song or background music is copyrighted can save you from potential headaches and ensure your project remains in the clear.

Luckily, determining the copyright status of a track isn’t as complicated as it seems. With a few simple steps, you can verify if music is free to use or if you need proper licensing to proceed.

Let’s dive into how you can check if music is copyrighted!

What Are Copyrighted Music?

Copyrighted music refers to any piece of music that is protected under copyright law.

Once a song is created and fixed in a tangible form (e.g., recorded or written down), it automatically receives copyright protection, granting the author of music exclusive rights to use, reproduce, distribute, and perform the work.

This means that others cannot legally use copyright-protected music without permission, and using it without authorisation can lead to legal penalties.

The music gains automatic copyright protection the moment it is created. No formal registration is needed, though many music owners choose to register their work with copyright offices for additional legal advantages, such as being able to sue for statutory damages if their rights are violated.

The copyright typically lasts for the life of the creator plus 70 years in most jurisdictions. When comparing copyrighted music, public domain music, and royalty-free music, the differences are key:

• Copyrighted music is protected by law, and the creator holds exclusive rights to its use. Anyone wanting to use it must obtain permission or a license.
• Public domain music is not protected by copyright, either because the rights have expired or it was never copyrighted. This means anyone can use it without seeking permission.
• Royalty-free music is copyrighted, but the creator offers licenses for use, often for a one-time fee. Once licensed, the user can typically use the music without having to pay ongoing royalties.

Are All Music Copyrighted?

Not all music is copyrighted, but the vast majority of it is. According to copyright laws, any original music is automatically granted copyright protection the moment it is created and fixed in a tangible form, such as being written down or recorded.

This means that as soon as an artist records or writes a song, it is considered copyrighted, giving them exclusive rights to control how that music is used, reproduced, or distributed.

However, some music is not copyrighted. Public domain music is an example—this includes popular music whose copyright has expired or works that were never copyrighted.

For example, classical compositions by Beethoven or Mozart are in the public domain and can be used without permission.

The copyright term typically lasts the life of the composer plus 70 years (depending on jurisdiction). After this period, music entered the public domain, becoming free for anyone to use.

Another category is royalty-free music, which is still copyrighted, but the creator allows others to use it without paying ongoing royalties. Users usually pay a one-time licensing fee or follow certain usage terms.

Additionally, music created under a Creative Commons license allows creators to specify how others can use their music, often providing a more flexible approach while retaining copyright.

While most music is copyrighted automatically, public domain, royalty-free, and Creative Commons music offers alternatives for use without infringing on anyone’s legal rights.

Always ensure you know the specific terms before using music in any project.

Why Checking Copyright Matters?

Checking music for copyright protection is vital for avoiding legal, financial, and reputational risks. Using copyright music without permission can lead to serious legal consequences under copyright law.

When someone uses a protected work without authorisation, it constitutes copyright infringement, which could result in lawsuits, fines, or forced removal of the content. For individuals and businesses, this can become a costly mistake.

Financial penalties for copyright infringement can be steep. If taken to court, the infringer may be required to pay statutory damages, which can range from hundreds to thousands of dollars per violation.

In more severe cases, creators may face copyright infringement lawsuits, which can lead to even higher financial liabilities, including legal fees and potential settlements.

For businesses, the costs can be even more damaging, as infringement can lead to reputational harm and loss of trust.

For content creators, YouTubers, and streamers, copyright violation can be particularly devastating. Platforms like YouTube and Twitch are strict in enforcing copyright rules.

If copyrighted music is detected in their content, creators may face automatic content removal, demonetisation, or even channel strikes. This can reduce their income, disrupt their audience engagement, and even result in account suspension.

YouTube’s Content ID system, for example, scans videos for copyrighted music and can flag or mute content if violations are detected.

To protect themselves, creators should always verify whether music is copyrighted and obtain the necessary licenses or permissions to use it legally.

How to Identify Copyrighted Music?

Identifying whether popular music is copyrighted is an important step to ensure you’re not violating copyright laws when using music in your projects. Here’s how you can check:

Search Public Domain Databases

Some music falls under the public domain, meaning it’s free to use without needing permission. To check, use databases like Musopen or the Public Domain Information Project.

These platforms list music whose copyright has expired or was never copyrighted, making it available for public use. If the song you want to use is listed here, it’s safe to proceed without worry.

Use YouTube’s Copyright Check Tool

If you’re uploading content to YouTube, their Copyright Check tool is highly useful. Before publishing a video, YouTube scans for copyrighted music and informs you of any potential copyright issues, allowing you to resolve them before your content is flagged or removed.

Explore Commercial Databases (ASCAP, BMI, SoundExchange)

For copyrighted music, you can search through Performance Rights Organisations (PROs) like ASCAP, BMI, or SoundExchange.

These organisations manage music rights for artists and provide databases where you can check the copyright status of specific songs. If the song is listed, it is copyrighted, and you’ll need to seek proper licensing to use it.

Inspect Licensing Details on Streaming Platforms

Many streaming platforms like Spotify, Apple Music, or SoundCloud provide licensing information on music tracks. Check the details or music credits section for rights owners’ information, which may indicate if the music is copyrighted or available for public use under specific licenses (like Creative Commons).

Tools to Help You Check If Music Is Copyrighted

When it comes to checking if music is copyrighted, various music copyright checker tools can assist you in your search. Here’s an overview of some effective resources:

Shazam

Shazam is widely recognised for its ability to identify songs quickly. However, while it excels at recognising music and providing details like the artist and album, it has limitations when it comes to copyright verification.

Shazam does not provide copyright details or licensing information for the songs it identifies, so users still need to conduct additional research to confirm the status of the music collection copyright.

YouTube’s Content ID System

YouTube’s Content ID system is a powerful tool for content creators. When you upload a video, the system scans it against a vast database of copyrighted music.

If any copyrighted material is detected, you receive notifications about potential copyright claims, allowing you to take appropriate action before your content is published. This system helps safeguard creators from unintentional music copyright infringement.

Tunatic

Tunatic is another useful tool for identifying songs. Similar to Shazam, it can help you discover the song title and artist of a track playing. However, like Shazam, it does not provide copyright information, so additional verification is needed.

Copyright Office’s Database

The U.S. Copyright Office’s database is an essential resource for checking the registration status of music. By searching this database, you can find information about registered works, including ownership details and copyright status.

This is particularly useful for knowing the legal protections surrounding a specific piece of music.

Can I Use Part of a Music?

Using part of a song can be a tricky legal area, as it largely depends on how much of the song you intend to use and the context in which it will be used.

In general, using any portion of copyright songs without permission can constitute copyright infringement, even if it’s just a few seconds of music.

Fair Use Doctrine

One of the most cited exceptions to copyright infringement is the Fair Use doctrine, which allows limited use of copyrighted material without permission under specific circumstances.

Fair use is typically determined based on several factors: the purpose of use (educational, commentary, or transformative), the nature of the copyrighted work, the amount of the portion used in relation to the whole, and the effect of the use on the market value of the original work.

For example, using a brief excerpt in a critique or commentary may qualify as fair use, but using a recognisable hook in a commercial project likely would not.

Licensing and Permissions

If you plan to use a portion of a song for any purpose that could lead to legal issues, obtaining a license or permission from the copyright holder is essential. Many rights holders are open to negotiating terms, especially for smaller projects or non-commercial uses.

While it may be tempting to use a part of a hit song, it is vital to know the potential legal ramifications and to seek proper permissions to avoid copyright infringement. Always err on the side of caution and respect the rights of the original creators.

What to Do If You Want to Use Copyrighted Music?

If you want to use copyrighted music in your project, it’s essential to follow the proper legal channels to avoid potential infringement. Here’s what you should do:

Obtain a License or Permission

The first step is to contact the content owner or their representative to request permission to use the music. This often involves negotiating a licensing agreement that outlines how you can use the song, the duration of the license, and any associated fees.

Be prepared to provide details about your project, such as the intended audience and distribution methods. This process may take time, so plan ahead to ensure you can secure the necessary rights before your project deadline.

Explore Creative Commons Licenses

Another option is to look for music released under Creative Commons licenses. These licenses allow creators to share their work while specifying how it can be used. Some Creative Commons licenses permit usage for free, provided you follow certain conditions, such as attributing the original artist.

Websites like Free Music Archive and ccMixter offer a wide range of Creative Commons-licensed audio library that can be legally used, often without cost.

Use Royalty-Free Music Services

Consider using royalty-free music services if obtaining a license proves challenging or costly. Platforms like Epidemic Sound, AudioJungle, and Artlist provide access to an extensive audio library for a one-time fee or subscription.

These services allow you to use the music freely in your projects, provided you adhere to their licensing terms.

How Long Does Copyright Last for Music?

Copyright duration for music is primarily governed by the Copyright Act of 1976 in the United States, which generally states that copyright lasts for the life of the author plus 70 years.

This means that once a song is created and fixed in a tangible form, the composer or author retains exclusive rights for their lifetime, and those rights continue for an additional 70 years after their death.

After this period, music typically entered the public domain, allowing anyone to use it without seeking permission or paying royalties.

For older music, many works created before 1923 are already in the public domain, meaning they can be freely accessed and used. This includes classical compositions by renowned composers like Bach, Beethoven, and Mozart, as their copyrights have long expired.

As time progresses, more songs will enter the public domain, expanding the repertoire available for public use.

However, it’s important to note that corporate-owned music has different rules. If a song is created by an employee as part of their job (work for hire), the copyright term may be extended.

Under current U.S. law, such works can be protected for 95 years from publication or 120 years from creation, whichever is shorter.

This means that songs created by corporations or under specific contractual agreements may enjoy longer copyright protection, delaying their entry into the public domain.

How to Find Public Domain or Royalty-Free Music?

Finding public domain or royalty-free music is essential for creators looking to use music legally in their projects without incurring copyright issues. Here’s how to navigate the available platforms:

Public Domain Platforms

Several websites offer extensive libraries of public-domain music. Musopen is a great resource featuring classical music recordings and sheet music that are free to use. The Free Music Archive hosts a variety of tracks across genres, all available for public use.

Jamendo is another platform that offers music from independent artists, with many tracks falling under public domain or Creative Commons licenses, allowing for free use with proper attribution.

Licensing Platforms for Royalty-Free Music

If you prefer music that requires a simple licensing agreement, several platforms cater to licensed royalty-free music pieces. Pond5 provides a vast collection of high-quality music tracks available for one-time purchase, allowing users to use the music in various projects without additional fees.

Artlist.io operates on a subscription model, granting users access to an extensive library of royalty-free music platforms for all media types. Soundstripe offers unlimited access to its audio tracks for a flat annual fee, ensuring a straightforward and cost-effective solution for creators.

Practical Tips for Finding Music

When searching for music, always read the licensing agreements carefully to know the terms and conditions. Use filters on these platforms to specify the type of license you need, ensuring the music aligns with your project’s requirements.

Additionally, consider reaching out to artists for permission or clarification if you’re uncertain about usage rights. By following these steps, you can find suitable sound effects that enhance your project while respecting copyright laws.

Legal Consequences of Using Copyrighted Music Without Permission

Using copyrighted music without permission can lead to significant legal consequences that can affect both individuals and platforms.

One of the primary mechanisms for enforcing copyright is through the Digital Millennium Copyright Act (DMCA), which allows music owners to issue takedown notices.

When a copyright owner identifies unauthorised use of their music online, they can file a DMCA takedown notice with the platform hosting the content, such as YouTube, Twitch, or Instagram.

Once the notice is submitted, the platform typically removes the infringing content to comply with the law, often notifying the user of the removal.

In addition to takedown notices, there are serious legal penalties for copyright infringement. If a copyright owner decides to pursue legal action, the infringer may face fines ranging from a few hundred to several thousand dollars per infringement.

In severe cases, statutory damages can reach up to $150,000 if the infringement is found to be willful. Lawsuits can also lead to legal fees, settlements, and additional costs, which can be financially crippling for individuals and small businesses.

Moreover, online platforms like YouTube, Twitch, and Instagram have strict copyright policies regarding copyright infringement.

Repeated violations can result in account suspensions, bans, or channel strikes. For creators who rely on these platforms for income, this can have devastating effects, including loss of revenue and audience engagement.

Thus, it is vital for content creators to ensure they have the proper rights to any music they use to avoid these legal pitfalls.

How to Get Permission to Use Copyrighted Music?

Obtaining direct permission to use copyrighted music is essential for avoiding legal issues and ensuring respect for the creators’ rights. Here’s a step-by-step guide to help you navigate the process:

Identify the Rights of Holder

The first step is to determine who owns the rights to the music you want to use. This could be the artist, a music publisher, or a record label. You can often find this information through extensive databases like ASCAP, BMI, or SESAC, which list the rights holders for specific songs.

Contact the Rights Holder

Once you’ve identified the rights holder, reach out to them via email or through their official website. Be clear and concise in your communication, providing your contact information and any details relevant to your request. If the artist has a manager or a representative, it may be best to contact them directly.

Explain Your Intended Use

In your request, outline how you plan to use the music. Be specific about whether it’s for commercial purposes, a personal video, a podcast, or something else. Providing context helps the rights holder know the scope of your request and may facilitate a favourable response.

Negotiate a Licensing Agreement

If the rights holder is open to your request, they may present a licensing agreement that outlines the terms, including any fees or royalties involved. Be prepared to negotiate these terms to reach a mutually beneficial agreement.

What’s Next?

Checking if music is copyrighted is essential for anyone looking to use music legally in their projects.

By utilising public domain databases, YouTube’s copyright tools, and commercial music licensing platforms, you can determine the copyright status of a song effectively.

Additionally, knowing the differences between copyrighted, public domain, and royalty-free licenses is vital in making informed choices. Always ensure you have the necessary permissions to avoid potential legal repercussions.

By taking these steps, you can enjoy peace of mind while enhancing your creative work with music that respects the rights of its creators.

Your content faces constant threats in the digital landscape. Bytescare digital piracy monitoring uses AI technology to monitor, detect, and remove unauthorised distribution of your intellectual property.

Protect your creative work from digital piracy and secure your assets. Book a demo with Bytescare today and move forward with confidence!

FAQs