In today’s digital age, music is everywhere—on social media, in advertisements, in films, and more. While it’s easy to share and use music, it's important to understand the legal aspects surrounding music ownership. A crucial part of using music legally is knowing whether a song is copyrighted. In this comprehensive guide, we will explore
how to check if a song is copyrighted, ensuring you avoid copyright infringement and legal troubles.
What is Copyright?
Copyright is a form of protection granted to the creators of original works, including music, literature, films, and more. For music, copyright applies to both the composition (the music and lyrics) and the recording of the song. This means that both the melody and the recorded version of a song are protected by copyright law, granting exclusive rights to the copyright holder. These rights include the ability to reproduce, distribute, and perform the song.
Why is it Important to Check if a Song is Copyrighted?
Using copyrighted music without permission can lead to legal consequences, including fines and removal of your content. This is especially important for creators using platforms like YouTube, TikTok, or Instagram, where even background music can trigger copyright strikes. In some cases, unauthorized use of copyrighted material can result in the video being taken down or the user being banned from the platform.
Knowing whether a song is copyrighted is essential for anyone using music in their content, whether it be for personal, commercial, or educational purposes.
How to Check if a Song is Copyrighted?
Use Online Databases and Copyright Search Tools
Several online tools and databases provide a way to check if a song is copyrighted. These resources often include databases of copyrighted works that are registered with a copyright office.
US Copyright Office Database: In the United States, you can search for registered music works through the U.S. Copyright Office’s online database. The search can help you identify whether the song is copyrighted, its copyright holder, and the date of registration.
Performing Rights Organizations (PROs): Many countries have organizations that manage the public performance rights of music. In the U.S., PROs such as ASCAP (American Society of Composers, Authors, and Publishers) and BMI (Broadcast Music, Inc.) provide searchable databases to check if a song is registered with them.
YouTube Content ID: For YouTube creators, using the platform's Content ID system is a reliable method to determine if a song is copyrighted. Content ID scans your video for copyrighted music, and if a match is found, the song’s copyright holder can either block, monetize, or leave the video unaffected.
Check with the Artist or Copyright Holder
If the song in question is less mainstream, or if you’re unsure whether it’s copyrighted, one of the best ways to check is to reach out directly to the artist or their representative. Many artists and record labels include contact information on their official websites, where you can inquire about the copyright status and usage permissions for their music.
Look for Copyright Notices
Most copyrighted songs include a copyright notice on the album cover, credits, or metadata. This notice will usually display the year the song was copyrighted and the copyright holder’s name. Though not all copyrighted works have this visible notice, its presence is a strong indicator that the song is protected by copyright.
Use Third-Party Music Licensing Services
There are a number of services, such as Epidemic Sound, Artlist, and Audiojungle, where you can find royalty-free music or songs with clear licensing terms. These services typically provide licenses to use the music in various projects without the risk of copyright infringement. Some platforms also offer tools for checking the licensing status of specific songs.
Consult Legal Experts
If you are still unsure whether a song is copyrighted, consulting a copyright lawyer or a legal expert in intellectual property is a safe choice. Legal professionals can help guide you through the process of confirming whether a song is copyrighted and provide advice on how to legally use it.
Conclusion
Checking if a song is copyrighted is crucial to avoid legal issues when using music in your projects. By utilizing copyright databases, reaching out to the artist, or using third-party licensing services, you can ensure that you are using music legally and respecting the rights of the creators. Always remember to obtain the necessary permissions or licenses before using a song, whether for commercial or personal purposes, to stay within the bounds of copyright law.
