Background Music for YouTube Videos (How to Find & Legalities)

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If you don’t have permission to use a piece of music for the background of your YouTube video, you can’t use it. But you can ask the copyright holder for permission to use the song, and then pay their fee.

You can also find online music libraries that have thousands of royalty-free songs for you to choose from.

Background Music for YouTube Videos

There are many content creators on YouTube who use copyrighted music in their videos, sometimes under the assumption that they have implicit permission to use that music. Maybe they’re streaming it off Spotify, maybe they bought the album off Bandcamp, or maybe they say that under Fair Use laws, they’re allowed to have the music playing in the background of their videos.

However, more often than not, using commercially released music takes place without proper permission and licensing from the copyright holder, meaning that the YouTuber is actually breaking the law (whether or not YouTube’s detection algorithm finds out).

A number of YouTubers use disclaimers, noting that the rights for the music belong to the respective owners. While that is true, a disclaimer isn’t legal permission to use copyrighted material. YouTube’s Content ID algorithm will still flag a video for the violation regardless of any disclaimers that the creator has put on their content.

How to Find Music for Your Videos

If you want to appropriately use commercially made music as background music for your YouTube videos, you have to contact both the publisher and the record label.

They own the rights to the music you want to use, which means that they can refuse your request to use the music in your video, and they can charge you for the use.

One way to get around this is to use music that’s in the public domain, where the copyright for the music has expired. However, different countries have different policies on when a work of art can be used without licensing fees. If you make a video in the United States with background music that is in the public domain, your video might still be flagged for a copyright violation in another country.

Sources for Music

This chart can help you understand where to get music for YouTube and what different companies can offer. 

YouTube Background Music Options
Free Music Archive SoundCloud Clipchamp YouTube Library
Is free music available? Yes Yes Yes No
Is paid music available? No Yes Yes No
Approximately how many songs are available? Large collection Millions (exact number not disclosed) Smaller than dedicated platforms Significantly large collection
Licensing options Public domain and Creative Commons Varies Standard Royalty-free

Free Music Archive

Another place to get background music for your YouTube videos is the Free Music Archive. This is a legal music download library that allows you to filter royalty-free music by genre and popularity. FMA lets you preview and download music, without even having to sign up for the service.

The site operates under the Creative Commons license, so the use of every song that is uploaded to the archive is decided upon by the people who directly hold the rights to the music.

SoundCloud 

SoundCloud is a platform that connects artists and consumers. Artists can upload their songs on this platform and promote their work. If you find a song you like on this platform, you can contact the creator directly and collaborate or secure the rights to the song you chose. SoundCloud also provides tools that can help you choose music by the mood your video contains. 

Clipchamp 

Clipchamp is a platform made for video production. Upload videos and edit them in one place. Choose music within the platform and match it to the videos frame by frame. You can also overlay the music with things like titles and graphics. Once you’re done, you can export the video and share it on YouTube. 

YouTube Library

To make things a little easier for their content creators, YouTube has its own official audio library. You can select from over 1,500 songs to find a piece of music for your stream that requires no attribution.

Some pieces ask for nothing more than a link to the artist in the video description. You can sort the catalog by genre, length, and other modifiers.

Why Ensure You Have the Rights?

If you want to secure a recognizable, catchy and popular song to use in the background for your YouTube video, you need to jump through a few hoops to protect yourself, and your channel, from copyright infringement.

American law protects YouTube from content users publish. That means an artist won’t come after YouTube if you post a song without permission. Instead, the artist will come after you. 

In one famous example, a makeup artist created a series of videos with popular music playing very quietly in the room behind her. A record label sued for damages up to $150,000 for each time a recognizable song was played. Thankfully, this case was settled out of court, which likely saved the video maker a significant amount of money. 

How to Get Permission for Your Song 

You’ve found the perfect song for your YouTube video, and you know it’s copywritten. What can you do? A plan helps. 

Here’s what to do to get permission for your song:

  • Start with an email. Send a short, polite email message outlining the song you want to play, how you want to use it, and why it’s perfect. Ask for permission to use the song and inquire about the cost of the agreement. 
  • Call to follow up. If you don’t hear from the copyright holder within a few days, try calling the copyright holder. Sometimes, email messages get trapped in filters and don’t get through. Use the same script you placed in the email. 
  • Write a letter. If all else fails, send the copyright holder a written document requesting to use the song. Ensure that your letter includes contact information so the company can reach you. 

The copyright holder may ask for money in return for your ability to use the song. You can’t make them set the price to fit your budget, but ensure the holder knows that you’re only using the song in this one instance. That could drive the price down. 

The copyright holder should provide you with written contracts that outline when, where, and how you can use the song. Keep the document in a safe place, in case authorities at YouTube want to see it. 

If you’re discussing a less-popular song from a little-known artist, this process could be complete within a few days. If you’re asking for a very popular song from a big name, this process could take much longer.

References

Using Music: Do I Need Permission? (June 2014). Aspect Law Group.

6 Best Public Domain Music Sites. (February 2021). Lifewire.

The 5 Best Music Libraries for Twitch and YouTube Live Streams. VLoggerPro.

What You Can’t Get With YouTube Audio Library. (February 2021). Lickd.

Why YouTube Has a Safe Harbor from Copyright Infringement. (June 2023). Ad Exchanger. 

Understanding Copyright Infringement and YouTube Advertising. (July 2023). JD Supra. 

YouTube Star Michelle Phan Settles Dispute with Label Ultra Records. (August 2015). The Hollywood Reporter.

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