Are you trying to use copyrighted stock music for YouTube videos but don’t know where to start? Never fear. We’ve got you covered.
What are YouTube’s music copyright rules?
Alright. Let’s get into the nitty-gritty of YouTube music copyright rules.Who holds the copyright?
When someone creates an artistic work — a song, painting, book, etc. — they receive a copyright in the result. Contrary to popular belief, you don’t have to register with the Copyright Office. If you sit down and write a two-page poem, you’ll instantly own the copyright. Music is unique in that there’s a copyright in the song AND the sound recording. So, one person — the songwriter — holds the copyright in the music and lyrics. Another person — the recording artist — gets the copyright to the actual recording. If you write and record your own songs, you’ll have both copyrights. Plus, songwriters and recording artists often assign their copyrights to music publishers and record labels. So, there could be a lot of people out there with interests in protecting their copyrights in a song you might want to use in your video.
What happens if you use copyrighted music on YouTube without permission?
If you decide to use copyrighted music without permission, there’s a good chance that YouTube’s sophisticated Content ID will come and find you. After knocking the doors down on your operation (figuratively, of course) and issuing a copyright claim, YouTube gives the copyright holders a variety of options. The copyright owners can choose to:- Mute your video
- Block your video in certain countries
- Block your video worldwide
- Monetize your YouTube video
What about fair use?
In some cases, you may be allowed to use a copyrighted work without the owner’s permission — this is called fair use. Courts in the United States use a four-part test to determine whether something is fair use:- The purpose and character of the use. Non-profit uses, newsworthy uses, and transformative uses are more likely to be considered fair use.
- The nature of the copyrighted work. Fair uses are more likely when the copyrighted work was fact-based and published, as opposed to more creative and unpublished.
- The amount and substantially of the use. Using a tiny part may make a fair use determination more likely, but not always.
- The effect of the use on the market for the original. Does your use make it less likely for people to buy the original work? Is your work a substitute?