How to Check if a Song is Copyrighted?

In today’s digital age, where music is readily available and easily shared, it’s crucial to understand the importance of checking if a song is copyrighted before using it in any project or content. Copyright laws exist to protect the intellectual property rights of artists, composers, and music publishers, ensuring they receive fair compensation for their creative works.

Failure to comply with copyright regulations can have severe legal implications, including hefty fines, content removal, and potential lawsuits. Using copyrighted music without proper licensing or permission is considered copyright infringement, which is a serious offense that can result in significant financial penalties and legal consequences.

Whether you’re a content creator, videographer, YouTuber, podcaster, or simply someone who enjoys sharing music with others, it’s essential to understand the legal implications of using copyrighted material. By taking the time to check the copyright status of a song, you can avoid potential legal issues and ensure that you’re operating within the boundaries of the law.

What is Copyrighted Music?

Copyrighted music refers to original musical compositions and recordings that are protected by intellectual property laws. These laws grant the creator or copyright holder exclusive rights over the reproduction, distribution, public performance, and adaptation of their work. In other words, copyrighted music cannot be used without obtaining permission or a license from the copyright owner.

Copyright laws are designed to protect the creative works of artists, composers, and musicians, ensuring they receive fair compensation for their intellectual property. These laws vary across different countries and jurisdictions, but generally, copyright protection applies automatically once a work is created and fixed in a tangible form, such as a recording or written notation.

In most cases, the copyright for a musical work lasts for the lifetime of the creator plus an additional 70 years after their death. During this period, the copyright holder has the exclusive right to control the use of their work, including granting licenses for its reproduction, distribution, public performance, or adaptation.

It’s important to note that copyright protection extends not only to the musical composition itself but also to the specific sound recordings. This means that even if you create a cover version of a copyrighted song, you may still need to obtain a mechanical license to legally distribute or sell your recording.

Checking the Public Domain

The public domain refers to creative works, including music, that are not protected by copyright laws and can be freely used without obtaining permission or paying royalties. Once a work enters the public domain, it becomes a part of the public sphere, and anyone can use, reproduce, or modify it without any legal restrictions.

One way to determine if a song is in the public domain is by using the PDINFO (Public Domain Information Project) tool. PDINFO is a comprehensive database that provides information about the copyright status of various works, including music. Here’s how you can use PDINFO to check if a song is in the public domain:

1. Visit the PDINFO website at https://www.pdinfo.com/.
2. In the search bar, enter the title of the song you want to check, along with the artist’s name or any other relevant information.
3. PDINFO will search its database and display the results, indicating whether the song is in the public domain or not.
4. If the song is in the public domain, PDINFO will provide details about when it entered the public domain and any relevant information about its copyright status.

It’s important to note that the public domain status of a work can vary depending on the country or jurisdiction. PDINFO primarily focuses on works in the public domain in the United States, but it also provides information for other countries when available.

If a song is in the public domain, you can use it freely without any copyright restrictions. However, if the song is not in the public domain, you will need to explore other options, such as obtaining a license or using royalty-free music, to avoid potential legal issues.

Using YouTube’s Content ID System

YouTube’s Content ID system is a powerful tool that can help you determine if a song is copyrighted. This system uses digital fingerprinting technology to identify copyrighted content uploaded to the platform. Here’s a step-by-step guide on how to use it:

1. Upload a Video Privately: Start by uploading the video containing the song you want to check privately to YouTube. Make sure to set the privacy settings to “Private” or “Unlisted” so that only you can access the video.
2. Wait for Content ID Scan: Once the video is uploaded, YouTube’s Content ID system will automatically scan it for any copyrighted content. This process may take some time, depending on the length of the video and YouTube’s workload.
3. Check for Copyright Claims: After the scan is complete, you’ll receive a notification if any copyrighted content has been detected. If there’s a copyright claim on the song, you’ll see details about the claimant and the specific content that has been claimed.
4. Evaluate the Claim: Review the copyright claim carefully. If you believe the claim is valid and you don’t have the necessary rights to use the song, you may need to remove or mute the copyrighted content from your video.
5. Dispute or Acknowledge the Claim: If you believe the claim is erroneous or you have the necessary rights to use the song, you can dispute the claim by providing relevant information or documentation. Alternatively, you can acknowledge the claim and follow YouTube’s guidelines for using the copyrighted content.

YouTube’s Content ID system is an effective way to identify copyrighted music in your videos. However, it’s important to note that this system is not foolproof, and there may be instances where copyrighted content is not detected or false claims are made. It’s always a good practice to double-check the copyright status of any music you plan to use in your projects.

Checking Creative Commons Licenses

Creative Commons (CC) licenses are a set of copyright licenses that allow creators to specify which rights they reserve and which rights they waive for the benefit of recipients or other creators. These licenses provide a way for artists, musicians, and other creators to share their work while retaining some rights.

There are several types of Creative Commons licenses, each with different levels of permissions and restrictions. The most permissive license is the CC0 (No Rights Reserved), which essentially puts the work into the public domain. Other licenses include:

• CC BY (Attribution): Others can distribute, remix, adapt, and build upon the licensed work, as long as they credit the original creator.
• CC BY-SA (Attribution-ShareAlike): Others can remix, adapt, and build upon the licensed work, as long as they credit the original creator and license their new creations under identical terms.
• CC BY-ND (Attribution-NoDerivs): Others can copy, distribute, and transmit the work, but cannot alter, transform, or build upon it.
• CC BY-NC (Attribution-NonCommercial): Others can remix, adapt, and build upon the licensed work non-commercially, and although their new works must also acknowledge the original creator and be non-commercial, they don’t have to license their derivative works on the same terms.

To find and use Creative Commons licensed music, you can search various online repositories and platforms that host CC-licensed content. Some popular sources include:

1. CC Search: This is a dedicated search engine maintained by Creative Commons that allows you to search for images, audio, video, and other content licensed under CC licenses.
2. Jamendo Music: This platform offers a vast collection of Creative Commons licensed music from independent artists across various genres.
3. Free Music Archive: This website hosts a diverse range of CC-licensed music, including songs, albums, and live recordings.
4. SoundCloud: Many artists on SoundCloud release their music under Creative Commons licenses, which you can filter for in your search.

When using Creative Commons licensed music, it’s essential to follow the specific terms and conditions of the license. This typically involves providing attribution to the original creator and, in some cases, sharing your derivative work under the same license. Always read and understand the license details before using CC-licensed content in your projects.

Searching the Internet

Conducting a thorough online search can be an effective way to determine if a song is copyrighted. While the internet is a vast resource, it’s essential to approach your search strategically and rely on reputable sources to ensure accurate information.

Tips for Conducting a Thorough Online Search:

1. Use Specific Keywords: Start by searching for the song title, artist name, and relevant keywords like “copyright” or “licensing.” This will help narrow down your search results and increase the chances of finding relevant information.
2. Check Official Websites: Visit the official websites of the artist, record label, or music publisher. Many of these sites provide information about the copyright status of their music and licensing options.
3. Utilize Advanced Search Operators: Leverage advanced search operators like site:, inurl:, and filetype: to refine your search and find specific types of information or websites.
4. Explore Online Databases: Several online databases and resources are dedicated to providing copyright information for various types of creative works, including music. Some reliable databases to explore include:
   • WhoSampled: This database provides information on song samples, covers, and remixes, often indicating the original copyright holders.
   • Harry Fox Agency Songfile: The Harry Fox Agency is a leading mechanical licensing organization in the United States. Their Songfile database allows you to search for copyright information on registered songs.
   • U.S. Copyright Office Records: The U.S. Copyright Office maintains a searchable database of registered copyrights, including musical compositions and sound recordings.
5. Check Forum Discussions: Search for discussions on relevant forums or online communities where users may have shared information or experiences related to the copyright status of the song in question.
6. Evaluate Source Credibility: When evaluating the information you find online, consider the credibility and authority of the sources. Official websites, government databases, and reputable publications are generally more reliable than personal blogs or forums.

Remember, while online searches can provide valuable insights, the information may not always be definitive or up-to-date. If you are unable to determine the copyright status conclusively, it’s best to assume the song is copyrighted and seek appropriate licensing or permissions before using it.

Contacting the Artist or Record Label

If you’re unable to determine the copyright status of a song through the previously mentioned methods, reaching out directly to the artist or record label can be an effective approach. Here are some steps to follow:

Finding Contact Information

1. Artist’s Website: Many artists have their own official websites, which often include a contact form or email address. Check the website thoroughly for any available contact information.
2. Social Media: Artists and record labels typically have active social media presences. Look for verified accounts on platforms like Twitter, Facebook, or Instagram, and check if they provide contact details or a way to send direct messages.
3. Music Distribution Platforms: Platforms like SoundCloud, Bandcamp, or ReverbNation, where artists distribute their music, may have contact information listed on their profiles.
4. Record Label Websites: If the artist is signed to a record label, visit the label’s official website. Most labels have a dedicated section or contact form for licensing inquiries.
5. Performing Rights Organizations: Organizations like ASCAP, BMI, or SESAC maintain databases of songwriters and publishers. You may be able to find contact information for the copyright holders through their databases.

What to Ask When Inquiring About Music Licensing

When reaching out to the artist or record label, be clear and concise in your inquiry. Provide details about how you intend to use the song and the context in which it will be featured. Here are some key points to include:

1. Introduce Yourself: Briefly explain who you are and the project you’re working on.
2. Specify the Song: Clearly identify the song you’re interested in using, including the title, artist, and any other relevant details.
3. Intended Use: Describe how you plan to use the song, such as in a video, podcast, or other creative work. Provide details about the project’s scope, audience, and distribution channels.
4. Duration and Portion: Indicate the duration or portion of the song you intend to use.
5. Commercial or Non-Commercial: Clarify whether your project is commercial (intended to generate revenue) or non-commercial (educational, personal, or non-profit).
6. Request Licensing Information: Ask for information on how to obtain a license or permission to use the song legally, including any associated fees or royalties.

Remember to be respectful and patient when communicating with artists or record labels. They may have specific procedures or requirements for licensing their music, and it’s essential to follow their guidelines to avoid any legal issues.

Tools and Resources for Checking Copyright Status

There are several online tools and resources available to help you determine the copyright status of a song. Here are some of the most useful ones:

WhoSampled

WhoSampled is a comprehensive database that tracks samples, covers, remixes, and other instances where one song is based on or incorporates elements from another. You can search for a specific song and see if it samples or is sampled by other tracks. This can help you identify potential copyright issues.

AudD

AudD (Audio Audition Distributed) is a platform that allows you to upload an audio file and receive information about its copyright status. The system analyzes the audio and compares it to a vast database of copyrighted works. If a match is found, AudD will provide details about the copyright holder and licensing information.

YouTube Audio Library

YouTube’s Audio Library is a collection of royalty-free music and sound effects that creators can use in their videos without worrying about copyright issues. The library is searchable, and you can preview the tracks before downloading them. While the selection is limited, it’s a great resource for finding copyright-free music.

Musicbrainz

Musicbrainz is an open-source music encyclopedia that provides detailed information about artists, albums, and tracks. You can search for a specific song and find details about its copyright status, including the copyright holder and any licensing information.

ISWC (International Standard Musical Work Code)

The ISWC is a unique identifier assigned to musical works. By searching for the ISWC of a song, you can often find information about its copyright status and ownership. Several online databases, such as the ISWC website and CISAC’s WorldAccor, allow you to look up ISWC codes and retrieve copyright information.

These tools and resources can be invaluable in helping you navigate the complex world of music copyright. Remember to always double-check the information you find and, if in doubt, seek professional legal advice or obtain the necessary licenses before using copyrighted music.

Legal Ways to Use Copyrighted Music

There are several legal ways to use copyrighted music in your projects, ensuring compliance with copyright laws and avoiding potential legal issues.

Obtaining Licenses or Permissions

One of the most straightforward methods is to obtain a license or permission from the copyright holder, which could be the artist, songwriter, record label, or music publisher. This process typically involves contacting the rights holder, negotiating terms, and paying a licensing fee.

When seeking permission, provide details about how you plan to use the music, such as the duration, context, and distribution channels. Be prepared to provide information about your project and negotiate fair compensation for the rights holder.

Using Royalty-Free Music Libraries

An alternative to licensing copyrighted music is to utilize royalty-free music libraries. These platforms offer a vast collection of music tracks that you can use in your projects without worrying about copyright infringement or paying additional licensing fees.

Royalty-free music libraries often have different pricing models, such as one-time purchases, subscription plans, or pay-per-track options. Some popular royalty-free music libraries include Epidemic Sound, Artlist, and Premium Beat.

When using royalty-free music, be sure to read and understand the terms of use carefully. Some libraries may have restrictions on the types of projects or distribution channels allowed, while others may require attribution or credit to the composer.

Benefits of Using Licensed Music

While obtaining licenses or using royalty-free music may involve costs, it offers several benefits that can outweigh the expenses:

1. Legal Compliance: By using licensed or royalty-free music, you ensure that your content complies with copyright laws, reducing the risk of legal disputes, fines, or content removal.
2. Professional Quality: Licensed and royalty-free music libraries often offer high-quality tracks created by professional musicians and composers, enhancing the overall production value of your projects.
3. Unique and Diverse Selection: With access to a wide range of music genres, styles, and moods, you can find the perfect tracks to complement your content and create a unique and engaging experience for your audience.
4. Peace of Mind: By using licensed or royalty-free music, you can focus on creating great content without the constant worry of potential copyright infringement claims or legal issues.

Investing in licensed or royalty-free music not only protects you legally but also demonstrates professionalism and respect for the hard work and creativity of musicians and composers.

Consequences of Using Copyrighted Music Without Permission

Using copyrighted music without obtaining the necessary licenses or permissions can have severe consequences. Copyright infringement is considered a legal offense, and you may face potential lawsuits and hefty fines if caught. Depending on the severity of the infringement, you could be liable for statutory damages ranging from $750 to $30,000 per work infringed upon, and in cases of willful infringement, the damages can reach up to $150,000 per work.

Moreover, if you use copyrighted music in your online content, such as videos or podcasts, platforms like YouTube, Facebook, and Twitch have strict policies against copyright violations. They employ content identification systems that can detect the use of copyrighted material and take immediate action. Consequences may include demonetization of your content, removal of the infringing material, or even termination of your account, depending on the severity and frequency of the violations.

It’s important to note that ignorance of copyright laws is not a valid defense. Even if you didn’t intentionally infringe on someone’s copyright, you can still face legal repercussions. Therefore, it’s crucial to be proactive and ensure that you have the necessary permissions or licenses before using any copyrighted music in your projects.

Conclusion

Understanding and respecting copyright laws is crucial for content creators and anyone using music in their projects. Failure to comply can lead to legal consequences, content removal, and potential monetary penalties. By following the steps outlined in this guide, you can confidently determine the copyright status of a song and avoid any legal issues.

We encourage you to utilize the various tools and resources mentioned, such as public domain databases, YouTube’s Content ID system, Creative Commons licenses, and online search engines. These tools can provide valuable insights and help you make informed decisions about the music you use.

Additionally, we strongly recommend exploring royalty-free music libraries as a safe and legal alternative. These libraries offer a vast collection of high-quality music that you can use without worrying about copyright infringement. By incorporating royalty-free music into your projects, you can focus on creating outstanding content while staying compliant with copyright laws.

Remember, respecting copyright is not only a legal obligation but also a matter of professional integrity. By taking the time to ensure you have the necessary permissions or by using royalty-free music, you can showcase your commitment to ethical practices and protect yourself from potential legal complications.

Brendan Hesse

I’m a writer, artist, and designer working in the gaming and tech industries. I have held staff and freelance positions at large publications including Digital Trends, Lifehacker, Popular Science Magazine, Electronic Gaming Monthly, IGN, The Xplore Tech, and others, primarily covering gaming criticism, A/V and mobile tech reviews, and data security advocacy.