Here’s a quick stat:
People upload more than 500 hours of content to YouTube every minute.
Content creators are delivering everything from parodies to streams, to mashups and countdowns. Something many videos have in common is that they use music. Music might be the core focus of a video if you’re creating a fan video or lyric video for a favorite track. You might use music in the background to punctuate a joke or even to soundtrack a comedy video.
If you’re planning to use music, you probably have video copyright questions. What music can you use in your video? How can you use something that’s under copyright without getting in trouble? This guide has everything you need to know.
Copyright Laws for Music in Videos
Copyright law protects creators like you.
When you create a new work, like a video, you automatically have copyright on it. That means you can control who uses your video, when, and how. Copyright lets creators profit from their works. Without it, anyone would be able to use any new work, even from the moment it was created.
Music creators also enjoy protection from copyright law. Most of the music you hear on the radio or your Spotify playlist is under copyright. That means you can’t use it in your video without getting permission. How long does copyright right last? In the US, it’s 70 years after the death of the creator. The rules may be different depending on when the work was made, when it was published, and who it was made for.
“There are exceptions to the rule”
As with everything in life, there are exceptions to the rule. There are some ways you can use music in your video without needing to get permission. The first is to use music that has entered the public domain. Works enter the public domain when their copyright expires. That means they’re free for anyone to use however they’d like. Most music with expired copyright is older, because it takes so long for copyright to expire. An example would be a jazz recording from the early 1920s. You could use this recording as background music in your video without worrying about copyright. You couldn’t use a newer recording of the same song, though.
Works can also enter the public domain through copyright lapse. In the US, you used to have to register copyright. If you didn’t, your copyright expired and your works entered the public domain. That means there are many works created in the mid-20th century that have entered the public domain. It can be difficult to determine if something is public domain though, so proceed with caution.
Sometimes, music creators waive their copyright and let their work enter the public domain. This is especially common if they’re part of the “copyleft” movement. Look for a notice disavowing copyright. Some creators also issue blanket licenses that grant other creators the right to reuse the work. You can include this kind of licensed music in your videos without getting separate permission.
Finally, US law allows people to use a reasonable part of a work under the “fair dealing” rule. This allows people to reuse non-substantial parts of songs, or to create parodies.
What Happens if You Ignore Video Copyright Rules?
What happens if you use a song in your video without getting a license? The consequences range from mild to quite severe. In some cases, YouTube will simply mute your video until you remove the music. If the copyright holder requests it, YouTube may also remove your video. If you’ve repeatedly violated copyright, your account may be suspended. You may also receive a cease-and-desist letter from the copyright holder. They may even decide to sue you for copyright infringement.
Avoiding these consequences doesn’t have to be difficult. By taking a few proactive steps, you can make sure you always have the rights you need to use the music you want in your videos.
Getting the Rights You Need
Solutions to keep you out of hot water
There are a few different ways you can make sure using music in your videos won’t land you in legal trouble. The first is to create music yourself, or hire someone to do it for you. This gives you copyright and creative control. Keep in mind that this work must be original, or you could still find yourself on the wrong end of a lawsuit.
The next is to use music in the public domain or licensed through the Creative Commons or another collective. You’ll need to do careful research and make sure you follow any rules. Many Creative Commons licenses, for example, ask for attribution. For copyrighted music, your best bet is to license the music from the rights holder. This may be the musician, the performer, or a company.
Getting permission for music can be difficult and expensive, though. Big record companies may want to charge you to license a work. It may also take them a long time to respond. Instead, you can look to platforms that have already done the licensing work for you. You simply sign up, choose a song from their collection, and you’re good to go!
For very small, non-substantial music clips or parodies, you might be able to argue fair dealing. A court may not always agree with you, so it’s safer to license the music you want to use.
“Give credit where credit is due”
As a video creator, you know creating is hard work. Music creators work hard too, so be sure to credit them. Even if this isn’t required in your license, it’s a good idea to include a video copyright notice.
Attribute third-party material, like songs and sound effects, to their rights holders. You can include this at the end of your video, as well as in its written description. Don’t forget to include a copyright notice for the video itself too. After all, you want to protect your own rights as a video creator, and it’s a good rule of thumb – give credit where credit is due.
Soundtrack Your Vision
Find out how Comma can help
Music and video copyright law might seem confusing, but it doesn’t need to be. Using the right platform can get you access to an amazing library of sounds and music. With the right help, you’ll be creating masterful soundtracks that match up with your vision in no time.