Making content — whether you’re a brand or social media influencer — often requires great music. But before you add your favorite song to the background of your YouTube unboxing video or TikTok makeup tutorial, make sure you’re not violating any copyright laws. Keep the following information in mind if you’re using music in content, but consult with a copyright attorney if you’re ever in doubt.
Options for using music in content
Not interested in digging into the legalities of copyright law? You’ve still got some options.
Create your own music
If you have the budget and resources, you can create original music. It’s a surefire way to ensure you’re not inhibiting a musical artist from earning money on a song or sound effect. Plus, creating your own song or instrumental piece gives you something to use in future videos without having to worry about copyright issues.
IZEA has a solution partner we work with to create custom music for clients, too. You can also check The Creator Marketplace® for vocalists and musicians to collab with.
Use tunes from the public domain
Don’t consider yourself to be musically inclined? Opt for works in the public domain. Public domain works aren’t protected by copyright law for many reasons. It could be that the duration of the copyright was claimed improperly, such as with “Happy Birthday.” Or it could be that the sound recordings were published before January 1, 1923, in which case they fall under the Music Modernization Act of 2018, making them public domain.
Keep in mind, however, that even if the songs are considered public domain, that doesn’t mean that all the recordings of it are. So while you may be allowed to freely use George M. Cohan’s “Give My Regards to Broadway,” a version performed by Taylor Swift would be protected by a copyright.
Ask permission
If you really want to use a popular, modern song, try asking for permission from whoever holds the copyright. Just be sure to get it in writing, including where it will be used. Be sure to specify where the content will be shared as well. Creating a YouTube video for a brand that then shares the content on all their social media channels may require extra permissions.
Purchase licensed music
Beyond creating your own original music, using public domain works, and asking for permission, you can purchase licensed music. There are lots of resources that offer royalty-free licenses, including YouTube’s audio library and other reputable online music stores. If you own video editing software, check to see if it comes with royalty-free stock music or sound effects.
Creative Commons offers six different license agreements for copyrighted music. If you want to use a recording and plan to monetize the content — with or without your own modifications to the recording — be sure to choose a license that grants you permission to use it commercially. A BY-SA license, for example, will allow you distribute, remix, adapt, and build upon the material in any medium or format, so long as you give attribution to the creator. But any changes or adaptations to the music will require you to license the modified material under identical terms.
The consequences of using protected music
Ignorance might be bliss, but it’s not a legal defense. Using someone else’s music on social media without consent or legal permission not only violates copyright laws, but it also prevents the original artist or copyright owner from monetizing the material.
Granted, the risks of getting in trouble are lower if you’re not making money off the content that incorporates the musical piece, but you’d just be playing the odds. But as an individual content creator or a brand partnering with an influencer, you’ll be using the material commercially, opening up legal, financial and reputational consequences, including:
- You could be sued by the owner of the work you used.
- The platform (e.g., YouTube) could block your content and/or mute your audio.
- Your YouTube channel could get a copyright strike, leaving you unable to monetize content.
- YouTube may place ads on your videos to give revenues to the original artist or publisher.
What to do if you’re dinged by a platform
If you get wrongly accused and penalized for sharing content with music that you have permission to use, there are processes to appeal on all the major platforms. Here’s a quick glimpse into how to file an appeal on TikTok, YouTube, and Instagram:
On TikTok, you’ll need to file a Copyright Infringement Counter-Notification form and provide documentation that you have the right to use the music.
For copyright infringement notifications on YouTube, simply go to the video in question, click on “File a dispute,” and follow the prompts to submit a counter notification.
For creators or brands who want to appeal the removal of content on Instagram, follow the instructions included in the message you received. If you can’t access the instructions or your account has been disabled, you can appeal through Instagram’s Copyright Appeal Form.
Music provides a layer of depth to video that can evoke emotion, set a mood and increase engagement. Don’t let the fear of copyright infringement prevent you from making or sharing stellar content for your next campaign. Just do your homework and make sure you’re playing by the rules.
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