How to Check if a Song Is Copyrighted

How do you know if a song is subject to copyright law? First, assume original music may be copyright protected, including home recordings and written compositions.

Does this mean you need to pay for every song you play in your business?

Public-domain music generally does not require copyright permission for the elements in the public domain; Creative Commons uses depend on the specific license terms. Other music mayrequire appropriate permission or licensing depending on the intended use.

Navigating this process can be difficult, but using a commercial music streaming service like Pandora CloudCover offers fully licensed background music for covered business use, without needing to negotiate directly with performing rights organizations for that covered use.

Is All Music Copyrighted? How Can You Tell?

You want to legally play music in your business, but you do not know if it has a copyright or not. You know that you must license most music if you want to play it in your business location, and you also know that some music is free.

The United States provides automatic copyright protection to original works of authorship once they are fixed in a tangible form.

For example, this covers a book manuscript that has been written and completed, or a song that has been recorded, even if it is using a home recording setup. The author of this work generally receives automatic copyright protection, although copyright duration varies depending on the work and circumstances.

If another entity, like a record label, owns rights in a recording, it may hold separate rights in that sound recording. It is best to assume that, if you hear a song, there is some type of copyright associated with it.

However, some songs are available for free or a one-time payment. You can find these by specifically searching for their type of license or domain. Otherwise, assume the song may be protected and determine what permissions or licenses are required for your intended use.

How to Find Out if a Song Requires a License Fee or Is Free

There are two primary ways to find free music that you know you can legally play in your business.

Public Domain Music

The website PDInfo not only has information about copyright law; it also offers information and listings related to public-domain music.

Whether music is in the public domain depends on factors including publication date, type of work, and applicable law. Rights in a musical composition and a particular sound recording may differ.

There are some other songs that are more recent that may also fall into the public domain. Some royalty-free licenses involve a one-time payment, but permitted uses depend on their terms.

Creative Commons License

Some musicians offer their work under a Creative Commons license, which permits certain uses subject to the particular license conditions. You can search the Creative Commons site to get started.

You can also purchase royalty-free music, but ultimately, these categories have different copyright and licensing statuses. Public-domain music is not protected by copyright for the relevant work or rights; Creative Commons licenses permit certain uses subject to their terms; and royalty-free music may have licensing terms that vary by provider.

Another method that may help identify certain copyrighted music is to check YouTube’s Content ID system. 

YouTube’s Content ID system can identify matches to reference content provided by participating rights holders, which may result in claims or restrictions on uploaded videos.

A Content ID claim can signal that a song is copyrighted, but the absence of a claim does not mean a song is free to use, and uploading copyrighted music may result in claims or blocked videos.

It is possible to use this feature to find out if a song is copyrighted without harming your YouTube channel’s accessibility. You can make a video and use a checker during the video upload to find out if the song is copyrighted.

If making videos is not part of your business model and not how you want to use your music, this can be too complicated. 

Ultimately, it is best to assume that music you want to play in your business may be copyrighted and that you may need to pay licensing fees unless you specifically look for public domain or Creative Commons songs that permit your intended use.

What Copyright Protects in a Song

Copyright protects several parts of a song, including the musical composition (its melody, lyrics, and original arrangements) and, separately, the sound recording.

The person holding a copyright can control how the copyrighted work is reproduced, adapted, distributed, and publicly performed, subject to applicable limitations and exceptions.

Many songs are collaborative, meaning that several people are involved in both creating and recording the work. Each contributor may have rights, and to use the song legally, you may need permission from the appropriate rights holders or the publishers, labels, or performing rights organizations authorized to administer those rights.

Common Myths About Copyrighted Music

Copyright can be confusing, and this often leads to misconceptions. Understanding the nuance is critical, as mistakes can lead to copyright disputes and claims for damages. These are common myths we hear. 

Myth #1: “If I bought the song, I can use it however I want.”

In most situations, businesses gain permission to use a song in a specific way. For example, your public performance license allows you to play a recording of a specific song within your business.

You can’t use this same agreement to do something different, like play the song within a commercial. Each contract gives standalone, use-specific permissions. 

Myth #2: “If I give credit to the artist, it’s legal to use the music.”

Giving a shoutout to an artist isn’t the same as signing a contract and paying a fee. The latter may give you legal permission to use the song, depending on the license terms. Attribution alone generally does not establish permission and may leave a user exposed to infringement claims and damages. 

Myth #3: “Short clips are allowed.”

Many people believe they can use just a few short bars of a song without violating copyright. That’s not true. Using even a short excerpt can raise copyright issues, but exceptions and defenses, such as fair use, may apply depending on the circumstances. 

Myth #4: “If it’s on Spotify, Apple Music, or YouTube, I can play it in my business.”

Streaming platforms typically have copyright agreements with relevant rights holders. Their terms of service generally limit personal accounts to personal, non-commercial use.

If you use a personal streaming account to share music in your business, the subscription may not authorize business public performances, and separate rights may be needed. Personal streaming accounts aren’t designed for business or commercial use. 

Myth #5: “If I found it online, it’s free to use.”

Many copyright-protected works are found online. No matter where you found it, it may still be protected by copyright law. Using it without appropriate authorization may infringe copyright unless an exception applies. 

Commercial Music Streaming with Pandora CloudCover

You may be worried about negotiating license fees for your business with PROs, especially if you own a small business and need to be cautious about how you spend income. Fortunately, there is a great solution.

Commercial music streaming services like Pandora CloudCover require a low monthly subscription fee so you can get access to thousands of songs across many genres with fully licensed background music for covered business use.

Try it today, free for 14 days. Terms and conditions apply.

References

What I Wish They Taught Me About Copyright in Art School. (September 2020). Library of Congress Blog.

Homepage. PDInfo.

Homepage. Creative Commons.

How Content ID Works. YouTube Help.

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