How to Know if a Song Is Copyrighted | The Ultimate Guide

Music is a powerful element that can enhance your creations, ranging from YouTube videos to presentations. But before you hit that "insert" button, a crucial question arises: how do you know if a song is copyrighted? 

Using copyrighted music without permission can lead to copyright infringement, resulting in a claim, takedown of your content, or even legal trouble. 

This blog will help you with the information to navigate the world of copyrighted music and free alternatives - we'll:

• Explore various methods to determine a song's copyright status, 
• Delve into royalty-free music options,
• Shed light on the public domain,
• And even explore legal considerations for using copyrighted music.

Understanding copyrighted music

Understanding copyrighted music involves grasping several key concepts about how music is protected under copyright law, why this protection is necessary, and what it means for those who create, distribute, and consume music. 

Here's a deeper look into the essentials of copyrighted music:

What is copyrighted music?

Copyrighted music refers to musical works that are protected by copyright law. 

This protection is automatically granted when a piece of music is fixed in a tangible medium, such as being recorded or written down. 

Copyright registration with a copyright office, while highly recommended, isn't required to gain these protections under most national laws.

The basics of copyright law

Copyright is a type of intellectual property law that protects original works of authorship, including musical compositions, lyrics, and recorded music. 

These protections give the creator exclusive rights to control the reproduction, distribution, and public performance of their music.  

Once music is fixed in a tangible form, it's automatically protected by copyright, ensuring creators can manage how their work is used and receive compensation for their contributions.

Rights granted to copyright holders

Copyright holders in the music industry typically have the following rights:

1. Reproduction right: The right to make copies of the music.
2. Distribution right: The authority to sell or otherwise disseminate copies of the music.
3. Public performance right: The right to perform the music publicly, such as in concerts or over the radio.
4. Derivative works right: The right to do derivative works includes rearranging or remixing the music into new compositions.

Why is copyright important in music?

Copyright protection is essential for musicians and composers as it gives them legal rights over their music. This allows artists to earn money through methods like:

• Selling copies, 
• Licensing their work for use in various media,
• And performing their music publicly. 

With these rights, musicians can earn steady income from their creative efforts.

This protection also encourages creativity. Artists are more likely to invest time and effort into creating new music if they know their work will be legally protected. 

This leads to a richer variety of music as musicians feel supported to explore and express new ideas.

Without copyright protection, musicians may lack the financial security needed to focus on their music. If anyone could use their music without permission, artists might struggle to make a living. 

Legal use of copyrighted music

To legally use copyrighted music, one must either obtain permission directly from the copyright holders (often through a licensing agreement) or use the music in a way that complies with fair use or similar doctrines, depending on the jurisdiction. 

Common licenses for music include:

• Mechanical licenses: For reproducing songs in CDs or digital downloads.
• Synchronization licenses: For using music in conjunction with visual media, like in movies or videos.
• Performance licenses: Obtained via organizations like ASCAP, BMI, or SESAC to publicly perform the music.

Consequences of violating copyright

Using copyrighted music without proper authorization can lead to legal disputes, including lawsuits and fines. It's essential for users of music to ensure they have the appropriate rights, especially in commercial settings.

Copyrighted music in the digital age

Advancements in technology have significantly changed the landscape of copyrighted music, particularly with the rise of internet distribution and digital media platforms. These developments have introduced complexities that require new ways to manage and protect copyrights.

Digital Rights Management (DRM) systems are a key technological tool for protecting and managing music copyrights. 

DRM prevents the unauthorized copying and distribution of digital media, ensuring that only authorized users can access and use the content. 

This is crucial for controlling how music is shared and used online, protecting the rights of creators.

Additionally, technologies such as content ID systems utilized by platforms like YouTube play a crucial role in enforcing copyright rules. These systems automatically detect copyrighted material in uploaded content and manage licensing and revenue distribution. 

This helps ensure that copyright owners are properly compensated for using their music.

Performance rights organizations (PROs) also use technology to track music usage across various platforms, from radio to streaming services. This tracking helps artists and composers receive fair compensation whenever their music is played. 

How to know if a song is copyrighted

Determining a song's copyright status might take some detective work, but here are several methods to help you:

• Check the public domain: Works whose copyright terms have expired or were never registered fall into the public domain. You can find resources like PD Info to search for public-domain music.
• Creative Commons licenses: Some artists choose to share their music under Creative Commons licenses, which allow specific uses with attribution or even for commercial purposes. Information about Creative Commons licenses can be found on the artist's website or music platform.
• Search the internet: A simple web search for the artist and song title might reveal information about copyright ownership. You can also check the artist's website or social media for copyright information.
• YouTube's description section: If you're unsure about copyrighted songs used in a YouTube video, check the video description. Sometimes, creators list the song's title, artist, and copyright information.
• The "upload and check" method (YouTube): This method involves uploading your video as "unlisted" or "private" on YouTube. YouTube's Content ID system will scan the audio and notify you if a copyright claim is detected. While not foolproof (new additions might not be in the system yet), it can be a helpful indicator.
• Contact the copyright holder: If you intend to use copyrighted songs for a significant project (e.g., a film or commercial), it's advisable to directly reach out to the copyright holder to negotiate a licensing agreement. This might involve licensing the composition from the songwriter and the recording from the artist or record label.
• Consult Copyrightable: For more detailed guidance and professional assistance in determining copyright status and navigating the complexities of copyright law, visit Copyrightable. This website provides valuable insights and legal advice specifically tailored to the world of creative copyrights.

Important note: These methods provide a good starting point but don't guarantee a song is copyright-free. If uncertain, it's wise to play it safe and either obtain permission or opt for royalty-free music.

Want to know how to copyright a song? Read out full guide “How to Copyright a Song (A Comprehensive Guide).”

Understanding royalty-free music

Royalty-free music offers a safe and legal alternative to copyrighted music. When you purchase a royalty-free license, you pay a one-time fee for using the music in your project.

There are no ongoing royalty payments required to the copyright holder each time your project is used.

Here are some key things to consider with royalty-free music:

• Licensing: Royalty-free music comes with various license types. Some licenses might restrict usage (e.g., for commercial projects or specific platforms like YouTube). Carefully read the license agreement before using the music.
• Quality: Royalty-free music libraries offer a wide range of quality levels. Explore different libraries to find high-quality music that complements your project.
• Price: Royalty-free music costs vary depending on the library, song selection, and license type. Some libraries offer individual song purchases, while others have subscription plans with unlimited downloads.
• Free vs. royalty-free: Remember the distinction between "free" and "royalty-free" music. Some websites might offer music for free but with limitations on usage or hidden copyright restrictions. Always review the licensing conditions before using any free music.

Finding royalty-free music

Several excellent royalty-free music libraries cater to diverse needs and budgets. Here are a few popular options:

• Finding music by genre and mood: Many royalty-free libraries allow you to browse music by genre, mood, or even specific instruments. This can be helpful in finding music that perfectly complements your project
• SoundStripe: Provides a subscription-based service that offers unlimited access to a wide range of music, all licensed for commercial use. SoundStripe is regularly updated, ensuring fresh content, and features advanced search options to filter music by mood, genre, and even pace.
• Artlist: Geared towards filmmakers and content creators, Artlist offers a broad selection of music that is cleared for commercial and non-commercial projects alike. With one simple license, you get universal coverage, and the site is particularly praised for its ease of use and the quality of available tracks.

These options give creators reliable sources for finding and licensing music that aligns with their project's emotional tone and thematic elements.

How to verify the copyright status of a song on YouTube

Checking if a song is copyrighted on YouTube involves a few methods that you can utilize to determine the status and ensure compliance with copyright rules.

Here's a step-by-step process on how to proceed:

1. Check the video's description

Many YouTube video descriptions include information about the music used, especially if the music is legally licensed.

Creators often provide credits directly in the video description, including copyright details, the artist's name, and whether the music is licensed for use.

2. Use YouTube's audio library

YouTube provides an audio library that includes a wide range of music that is free to use and some music that requires attribution. 

You can search for a particular song in this library to see if it's available for free use and under what conditions.

3. The content ID tool

When you upload a video to YouTube, the platform uses its Content ID system to automatically check for copyrighted material. 

If you upload a video containing a song and it's in YouTube's Content ID database, you'll receive a copyright notice if the song is copyrighted. This method can be used by:

• Uploading an "unlisted" video with the song in question. Wait for YouTube to scan the video using its Content ID system.
• If the song is copyrighted, YouTube will alert you through a copyright claim notice in your Video Manager.

4. Search for the song directly on YouTube

Perform a search on YouTube with the song's title and the artist. Check if there are official channels or videos with the song and look for copyright information directly in their descriptions or in the comments. 

Sometimes, official postings include copyright disclaimers or licensing information.

5. Read comments

In some cases, other users may comment on copyright details if a song is used in a video. Checking comments on videos that feature the song might provide insights into whether the song has previously been flagged as copyrighted.

6. Check with copyright holders

If you're using a song for something important (like a monetized video or a project) and want to be completely sure, it's best to contact the copyright holders directly. This can be the recording artist, the record label, or a legal representative. 

They can provide definitive answers about copyright status and licensing conditions.

7. Legal and licensing websites

Use websites specializing in music copyrights, such as ASCAP, BMI, or SESAC. These sites can help you look up a song to see if it's registered and determine who holds the copyright.

Using these methods, you can effectively determine if a song is copyrighted on YouTube, helping you avoid potential copyright infringement issues and manage content responsibly.

Using copyrighted music: Do's and don'ts

Do's

• Obtain proper licenses: Always ensure that you obtain the necessary licenses before using a song for any commercial or public purpose.
• Credit the creator: Even if a song is used under a license, proper attribution to the creator is often required and is a sign of respect.

Don'ts

• Don't assume free usage: Just because a song is available online doesn't mean it's free to use.
• Avoid using copyrighted music without permission: Using music without the proper permissions can lead to legal troubles and hefty fines.

Navigate the music world with confidence

Identifying copyrighted music and exploring legal alternatives empowers you to create confidently. By utilizing the methods outlined in this guide, you can ensure your projects adhere to copyright laws and avoid copyright infringement issues.

For more in-depth information and resources on music-related copyright law, visit Copyrightable. Our website offers valuable insights and legal advice specifically tailored to the world of creative copyright. 

By staying informed through trusted resources, you can confidently use music in your projects while ensuring compliance with copyright laws, thus fostering respect and fairness in the creative industry.