How to Know If Music Is Copyrighted

Music plays a vital role in content creation. From podcasts and videos to advertisements, the right soundtrack can elevate the entire experience. But using copyrighted music without permission can lead to legal issues, content takedowns, or even lawsuits. To avoid these problems, it’s important to understand how to know if music is copyrighted and explore safe, legal alternatives for your creative work.

 

01 Understanding Copyright in Music

Before checking whether a song is copyrighted, it's essential to understand what copyright is and how it applies to music.

Copyright is a legal protection that grants the creator (or rights holder) exclusive control over their work. This includes how it is used, distributed, and monetized. If a piece of music is copyrighted, you cannot use it in public content—such as podcasts, videos, or advertisements—unless you obtain permission or purchase a license.

Most modern music is copyrighted unless stated otherwise. Even if you find a song online, that doesn’t mean you can use it freely. Understanding how copyright works will help you make informed decisions when choosing music for your content.

 

02 How to Check If a Song Is Copyrighted

Now that you understand music copyright, let’s explore ways to check whether a specific song is copyrighted. There is no single global database for all copyrighted music, but the following methods can help you determine a song’s status.

 

1. Search Copyright Databases

• U.S. Copyright Office Database (copyright.gov): If a song is officially registered in the U.S., you can check its status here.
• Performing Rights Organizations (PROs): Organizations like ASCAP (ascap.com) and BMI (bmi.com) manage music rights. Searching their databases can help determine whether a song is copyrighted and who owns the rights.
• YouTube’s Content ID System: Uploading a short clip of the song to YouTube (on a test account) can trigger Content ID, which detects copyrighted music and notifies you if a song is protected.

 

2. Check the Song’s Release Date

In most countries, copyright protection lasts for 50–70 years after the composer’s death. If a song exceeds this period, it may be in the public domain, meaning it is free to use.

• In the U.S., music published before 1928 is generally public domain.
• Be cautious when using newer recordings of old songs, as the recording itself may still be copyrighted.

 

3. AI-Generated Music and Copyright Issues

With the rise of AI-generated music, many creators wonder whether AI music is copyright-free. However, AI-generated music presents unique copyright challenges:

• Training Data Copyright Concerns: Many AI music tools are trained on existing music databases. If the training data includes copyrighted music, the AI-generated music may carry legal risks.
• Ownership of AI-Generated Music: In some countries, copyright protection is granted to human creators, not AI. The U.S. Copyright Office has ruled that AI-generated works without human involvement cannot be copyrighted.
• License Terms of AI Music: Some AI music platforms (e.g., AIVA, Soundraw) offer royalty-free or commercial-use licenses, but always check the license terms to ensure legal use.

If you use AI-generated music, choose a platform with clear licensing terms to avoid copyright disputes.

 

03 What Happens If You Use Copyrighted Music Without Permission?

Now that you know how to check a song’s copyright status, let’s explore the risks of using copyrighted music without permission.

• Content Takedowns: Platforms like YouTube, Spotify, and Apple Podcasts may remove or mute your content.
• Copyright Strikes or Account Suspension: Repeated violations can lead to permanent bans.
• Monetization Restrictions: You may not be able to earn revenue from your content, and ad revenue may go to the copyright holder.
• Legal Action: Rights holders may sue for damages, especially if their music is used commercially.

Many digital platforms use automated detection systems to identify copyrighted music:

• YouTube’s Content ID: Scans uploaded videos for copyrighted material.
• Facebook & Instagram Rights Manager: Detects unauthorized music use.
• Spotify and Apple Podcasts: Enforce strict copyright rules on background music.

To avoid these issues, always ensure you have the proper rights before using any music.

 

04 Where to Find Music You Can Use Legally

If you can’t use copyrighted music, what are your options? Fortunately, there are many legal alternatives.

Royalty-free music allows usage without ongoing royalties, though a one-time fee may be required. Popular platforms include:

• Artlist.io
• Epidemic Sound
• PremiumBeat

Some musicians release their work under Creative Commons (CC) licenses, which allow free use under specific conditions (e.g., giving credit). Reliable sources include:

• Free Music Archive (freemusicarchive.org)
• Incompetech (incompetech.com)
• SoundCloud (use Creative Commons filters)

Music in the public domain is free to use without restrictions. You can find public domain music on:

• Musopen (musopen.org)
• IMSLP (imslp.org)

AI music generators can create original tracks, but always check the platform’s license terms:

• AIVA (offers commercial-use licensing)
• Soundraw (generates customizable royalty-free music)

If you want full ownership of your music, you can:

• Compose it yourself
• Hire a composer via Fiverr or Upwork

 

05 Final Thoughts: Always Verify Before Using Music

Music enhances content, but using copyrighted tracks without permission can lead to serious consequences. To ensure compliance, you should:

• Check databases for copyright information
• Use Creative Commons or public domain music
• Purchase royalty-free music or obtain a proper license
• Be cautious with AI-generated music and verify license terms

If in doubt, the safest option is to contact the rights holder or choose music with clear licensing terms. By doing your research beforehand, you can avoid copyright disputes and keep your content legally compliant.