Can You Play Music on Your Website Legally?

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What License Is Needed to Play Music on Your Website?

Several different types of music licenses are available. You may need one or several to play music on your website legally.

Types of music licenses you may need include the following:

Synchronization (sync). This license allows you to sync music with visuals. If you hope to play images with music as an accompaniment, you’ll need this license.
Composition (copyright). This license allows you to use the underlying composition of the song (like the melody or the lyrics) in something new. If you want to remake a song for your website, you need this license.
Master. This license allows you to use a specific recording of a song. If you want to use a famous recording on your site, you’ll need this along with a sync license.

Imagine that you want to play the song “For the Love of Money” by the O’Jays on your site to accompany video about your benefits. You’ll need a master and a sync license to do so.

Now, imagine that you want to sing “For the Love of Money” and play it in the background of a page filled with text. You’d need a composition license for this.

If you’re using a third-party player (like embedding a YouTube video on your site), the licenses are different. The organization you link to should handle the legal arrangements for you. Ensure that you’re only partnering with reputable organizations.

There are three main performing rights organizations (PROs) that partner with recording artists and musicians. To play music from one of these sources, you will need to have either an ASCAP, BMI, or SESAC license. Each of these has a specific music library, and you will need the license to play the desired music based on which organization holds the rights.

To play music on your website legally, you will need a license that gives you permission from the holder of the copyrights.

Have Music Copyright Laws Changed Recently?

The legal foundations for copyright have been shifting, and it’s important to understand those changes before you play the first note online.

For example, the Music Modernization Act designated a new entity (the Mechanical Licensing Collective) to collect and distribute mechanical royalty payments. This law provides artists with a blanket licensing system, so they can offer permanent downloads and interactive streams with one fee. As of January 1, 2021, musicians and publishers must register with the Collective to receive royalty payments under this license.

This change may not impact you as a business owner. Typically, you’ll follow the same steps we’ve outlined here to get legal access to the songs you want to play. But knowing the law is always a good policy.

Why Play Music on Your Website?

It’s a little uncommon for websites to embed songs. The technique is often considered invasive, especially if the songs start playing without the user’s permission. However, there are good reasons to experiment with songs.

For example, musicians like Chris Milk have created entire websites with songs embedded. Users must give permission for the songs to play, and they have the option to turn the sound off at any point.

Sites like Chrome Music Lab also embed music to enhance the learning experience. Again, the songs don’t play without the user’s permission or engagement. However, the tunes do tend to make the site more engaging and interesting.

Since it’s relatively rare for sites to play music automatically, there’s very little research on how well the technique works. For example, we can’t point to case studies that highlight how well the site worked before music and how well it works now. However, know that you shouldn’t try this approach just to be different. Music should be integral to your business plan—or it shouldn’t be there at all.

Can You Play Music on Your Website Legally?

The steps for getting permission to play music on your website legally are as follows:

Determine if the music you wish to play is copyright protected.
Learn who holds the rights to the music you want to use.
Contact the holder of the copyrights or obtain a license from a PRO that represents the copyright holders.
Negotiate a fee and the terms of using the music.
Pay the fee.

Consequences for Not Getting Permission

It can seem tedious to track down the holder of the specific copyright — remember that there are usually two of them for each song — and negotiate terms for using the music legally. You often have to talk to the musician or record label directly, and fees can get expensive.

If you do not have permission to use the music and you use it anyway, the consequences can be severe, however.

Without permission to play the music on your website, you could face the following:

Legal troubles for copyright infringement
Massive fees
Your website being blocked or muted
Having your website reported and taken down

Costs to Play Music Legally

Licensing a song can vary in cost based on who holds the copyright licenses. An independent artist may agree to costs around $100 for the song, while a major recording artist is likely to ask for tens of thousands of dollars and possible royalties on top of this cost.

You can obtain permission to use music on your website through a license a PRO. The costs for these PRO licenses can also vary.

For example, an ASCAP annual license agreement ranges from $286 to $1,499 based on how many hits your website receives and its revenue. A BMI license is similar, ranging from $250 all the way up to $2,000. A SESAC license also varies in cost, and royalties are expected for each time the song is played.

Alternatives to Getting Permission

There are some additional ways to play music legally on your website without obtaining a copyright license directly. This includes:

Using music in the public domain.
Subscribing to a service that offers royalty-free music.
Using music under a Creative Commons (CC) license.

Music in the public domain is not subject to copyright. It generally includes music with copyrights that have expired. As of now, any music made prior to 1925 is free to use and in the public domain.

Music that is under a CC license is also typically free to use as long as you credit the composer, musician, or creator.

There are also a variety of sites and services that offer royalty-free music for a monthly or annual subscription fee. These services already have the licensing you need to use the music legally. By paying for the service, you have permission to use the music according to the service’s terms and conditions.

You can often buy just the track you are looking for or subscribe to the service for unlimited access to their music catalog.

FAQs

Can you play music on your website legally?

Yes, you can play music on your website if you obtain the proper permission or licensing.

Do I need a license from the copyright holder to play music on my website?

You either need a license from the copyright holder or you need to use music that is royalty free, under a Creative Commons license, or in the public domain.

What happens if I do not have a license to play music on my website?

If you do not have the proper legal permission to play the music on your website, you can be sued for copyright infringement and risk having your website taken down, blocked, or muted.

Are there other options besides getting legal permission directly?

The alternatives to obtaining copyright licenses and permissions include using music in the public domain, under a CC license, or subscribing to a royalty-free music service.