How to know if a song is copyrighted

So you created a video for YouTube, Instagram, Facebook or wherever, and you want to use a song in it. Not so fast! You’ll first need to know if that song is copyrighted. If not, you risk getting a copyright strike and having your video or entire channel deleted.

But how to know if a song is copyrighted?

In this post, we will look at what copyright is exactly, what it means for you as a creator and how to check if a song is copyrighted.

What is copyrighted music?

A copyrighted piece of music is designed to protect the intellectual property of its creators by giving them and only them exclusive rights to use their work however they want. Everybody else needs to get permission, or a license, from the copyright holder to use their song, usually for a fee.

Is all music copyrighted?

Spoiler alert: Almost all music is copyrighted. But what matters most in terms of restrictions placed on that music is how you use it.

However, there are a few cases where a song or piece of music is copyright free:

1. Music in the public domain

Public domain music is music free to use by everyone without permission. There are a few criteria that make a piece of music fall under the public domain category:

• If the song was created before copyright existed (the first copyright act was created in Britain in 1710)
• If between 50 to 70 years have passed from the author’s death (depending on the country)
• Works created before 1978 whose copyright owners failed to renew their copyrights (which you can research at the U.S. Copyright Office). Be sure to search the Public Domain Information Project as well.

2. Music under Creative Commons licenses

Using music that falls under a Creative Commons license is free. However, there are certain restrictions and requirements you need to follow to use it correctly or you’ll be committing copyright infringement.

There are 6 different Creative Commons licenses, each with its own guidelines. Check them out here.

3. Royalty-free music

What exactly is royalty-free music? A royalty-free license eliminates the need to negotiate licensing fees with Performance Rights Organizations (PROs) and gives you the right to use copyrighted music any way you like.

Using royalty-free music is usually not free. However, you pay for the license only once (usually through a subscription to a platform like Artlist), and you can use that song.

Using licensed royalty-free music in your videos has many advantages over choosing songs in the public domain or under a Creative Commons license.

• The quality is much better
• You have much more variety
• The songs are more unique

Important tip: Make sure you read the license terms of the royalty-free platform you want to use, as all licenses were not created equal (more on that later on)

Remember, the use of copyrighted music requires a license. You could face legal trouble if you use it without permission.

When is it ok to use copyrighted music?

There are a few very specific instances where you can use copyrighted music and without committing copyright infringement:

1. Personal use – if the video you’re making is for your personal use and you aren’t going to use it to make money, you’re home-free, and don’t need a license
2. If you own the copyright to the song
3. Fair use – if you use the video for educational purposes or to comment, criticize or parody a piece of music, you can do it without a license

Regarding the last point, It’s important to make sure you know what parody is. Car giant Honda, for example, got sued for copyright infringement by MGM in 1995  for using the James Bond brand without permission for their financial gain, while Honda claimed it was a parody and hence considered fair use.

The court rejected Honda’s fair use claim, asserting the video was not a parody of the James Bond brand, so make sure that what you are doing is parody. You can judge for yourself.

Apart from these situations, you need to ask permission from the copyright owner. But how can you check if a song is copyrighted? Here’s a simple step-by-step guide that will help you find out if a song is copyrighted, so you’ll know what you can and can’t do with it.

To learn more about music for YouTube, check out our post on how to find music for YouTube videos.

How to check if a song is copyrighted on Instagram and Facebook

Instagram and Facebook have automated systems that recognize if the song playing in the background of your video is subject to copyright. But you can’t find out if a song is copyrighted on Instagram or Facebook until you post your video. A warning will appear if there is an issue of copyright infringement. It will ask you to change your video’s background music to a song that isn’t copyrighted.

How to know if a song is copyrighted on Twitch

In the past, Twitch failed to enforce its own copyright rules, which forbid using uncopyrighted music in streams or highlight videos. The consequences of this failure were felt in 2020 when several high-profile users suddenly got copyright strikes and DMCA takedown warnings.

As a result, Twitch music rules became clearer, and the platform added its own library of Twitch-cleared music.

This means that the only music sources available to Twitch streamers are:

1. Music in the public domain or Creative Commons.
2. Songs from the Twitch music library
3. Licensed royalty-free music.

Using copyright music checker tools

What is a copyright checker and how do they work?

Another solution is a copyright music checker tool. This can detect if a piece of music has been copyrighted by comparing their melody, lyrics, rhythm, or sound patterns with a database of copyrighted music. The tool can tell whether a song is copyrighted or available for public use under licenses like Creative Commons, and helps find unauthorized use of copyrighted music, including sampling or copying.

By using tools like Shazam or SoundHound, you can ask “what song is this?”, and music checkers can help you find out if a song is copyrighted. Platforms like YouTube use these tools to automatically detect copyrighted music uploaded to their platform, so copyright holders can flag, monetize, or remove content. Similarly, copyright music checker tools help content creators, artists, and businesses ensure they’re using music legally, avoid copyright infringement, and protect intellectual property rights.

Top 3 music copyright checker tools

Audible Magic

Audible Magic is one of the best tools out there for checking if your audio or video content includes copyrighted material. It works by comparing your music or audio with its huge database of copyrighted music, flagging any matches, and telling you who owns it.

YouTube’s Creator Studio

This music copyright checker tool in YouTube Creator Studio helps content creators identify if their uploaded videos contain copyrighted material. It scans videos for any matches to copyrighted music, images, or other content in YouTube’s database, which includes music and videos protected by copyright. If a match is found, YouTube alerts the creator, and copyright holders can choose to block, monetize, or track the video.

TubePilot’s Music Copyright Checker

This online music copyright checker for YouTube videos can instantly check the copyright status of your video. Simply copy and paste a YouTube link, click the button, and find out if the audio in your video is under copyright.

What happens if I use copyrighted music without permission?

Most of the time, it’s not a matter of whether a song is copyrighted but a matter of understanding exactly what that copyright entails, or, in other words, how restrictive it is. YouTube shows all the restrictions, including whether playback is restricted in certain countries. Copyright owners can change their policy and take down all the videos containing those songs. If you use copyrighted music without a license, you can get a copyright strike. YouTube could block your video and mute its music. You may see a message like: “This video contains an audio track that has not been authorized by all copyright holders. The audio has been disabled.” If you did get permission to use the track and still see that kind of message, appeal the claim via your YouTube Dashboard.

The other restriction for using copyrighted music is that you cannot monetize the video yourself. The song may be considered “ad-supported music,” meaning the copyright holder may show and monetize ads in your YouTube video. You may lose out on making money from traffic and plays. That is why licensing royalty-free music is often the easiest and most trouble-free way to go.

Why you should use royalty-free music from Artlist

Navigating music copyright laws can be time-consuming and risky. Even using just a few seconds of the wrong track can result in takedowns, demonetization, or legal trouble.

That’s why many creators choose Artlist—a royalty-free music platform that lets you use music with total confidence.

Artlist’s many tools such as the Clearlist feature, enable you to register your YouTube channel and videos to automatically prevent copyright claims, even with Content ID in place.

An Artlist subscription has several other advantages over other royalty-free licenses out there:

• Comprehensive library: tons of high-quality music, sound effects, video clips, video templates, and AI tools for creators, such as the AI voiceover and the AI image generator.
• Unlimited downloads: with one subscription (see all details below in this article), you can use as many assets as you need, with no download limits.
• Royalty-free: all assets are royalty-free, so you can use them without worrying about extra fees or licensing issues (as long as you stick to the terms).
• Easy-to-use: It’s easy to search for the right song for your video by search filters, themed music, and SFX collections.
• AI voice tools: create professional voiceovers with exclusive AI-generated voices for your videos.
• Fresh content: new assets are added all the time, so you’ve always got the latest stuff to work with.
• Simple licensing: one license covers everything from social media to film, TV, and commercial projects.
• Life-time usage: once you download something, you can use it forever, even if your subscription ends (as long as it’s for visuals).
• Global coverage: assets can be used on any platform worldwide – social media, TV, film and streaming.
• Free trial: test things out with a free trial – save favorites, preview assets with watermarks, and try out AI voiceovers.
• Flexible plans: with a range of plans and price points, you can choose a license that best suits your needs.

Wrap up

Hopefully, this helped you get a sense of how to know if a song is copyrighted. Remember to be smart and play by the rules. Do your homework to find out if your video soundtrack is on the up and up. If you want peace of mind, your best option is to use royalty-free music. It’s the best way to be professional and put your best foot forward as a filmmaker.