Ever uploaded a video only to get hit with a copyright claim? Happened to me twice last year. That sick background track you thought was free? Turns out some label owns it. Knowing how to tell if a song is copyrighted isn't just legal stuff – it saves headaches.
Why Bother Checking Song Copyrights?
Got a YouTube channel? Podcast? Small business playing background music? You need this. I learned the hard way when my cooking demo got muted because I used a 1970s disco track. Thought "old song = safe"? Wrong.
Copyright strikes can:
- 🛑 Mute or remove your content
- 💸 Trigger fines up to $150,000 per violation (seriously)
- ⚖️ Get your channel/store/account banned
Real talk: Many creators assume covers or short clips are safe. Big mistake. Even 15 seconds can get flagged.
Copyright Basics You Can Actually Understand
Forget legal jargon. Here's the deal:
🎵 Automatic Protection: The second a song is recorded (yes, even in your phone memo app), copyright exists. Registration helps lawsuits but isn't required for ownership.
Two key components:
| Type | What It Covers | Duration (Generally) |
|---|---|---|
| Musical Composition | Melody, lyrics, sheet music | Author's life + 70 years |
| Sound Recording | Specific performance/audio file | 95-120 years from publication |
See why that Beatles cover you used might still be risky? Different rules apply!
5 Foolproof Methods to Check Song Copyright Status
Let's cut to the chase. Here's how I verify tracks now:
Method 1: Publication Date Check (The Oldest Trick)
Simple rule: Anything published after 1926 is likely protected. I know, seems ancient. But check this:
| Publication Year | Copyright Status (US) | Reliability Note |
|---|---|---|
| Before 1927 | Public Domain (usually safe) | ⚠️ Verify sound recording separately |
| 1927-1977 | Protected if not renewed* | ⛔ Extremely risky zone |
| 1978-Present | Automatically protected | 🚫 Avoid without licenses |
*Renewal records are messy. I once spent 3 hours digging through Copyright Office archives for a 1950s jazz track. Not fun.
My shortcut: Use PDInfo's public domain song database. Still double-check though.
Method 2: Copyright Database Searches
Government databases don't have to suck. Key resources:
- U.S. Copyright Office: Official search portal
- EU Copyright Database: EUIPO Copyright Finder
- ASCAP/BMI/SESAC: Performing rights organization databases
Pro tip: Search by both song title AND writer/performer. That remix might be registered separately.
⚠️ Annoying truth: Database info can be outdated. I found a 2008 song listed as "unregistered" that was definitely claimed on YouTube.
Method 3: Online Copyright Checker Tools
My favorite time-savers:
| Tool | Best For | Limitations | Cost |
|---|---|---|---|
| YouTube Audio Library | Checking if YT allows commercial use | Only covers YT platform rules | Free |
| Epidemic Sound Search | Detecting their catalog tracks | Limited to their library | Free |
| Copyright.gov Scan | Official registration status | Misses unregistered works | Free |
Honest opinion: None are 100% perfect. Use 2+ tools for important projects.
Method 4: Streaming Platform Metadata
Spotify/Apple Music actually show copyright clues:
- Find the song on streaming platform
- Scroll to "Credits" or "Show More"
- Look for:
- © Symbol (composition copyright)
- ℗ Symbol (sound recording copyright)
- Publisher/Label names
Example: Billie Eilish's "Bad Guy" shows:
© 2019 Darkroom/Interscope Records
℗ 2019 Darkroom/Interscope Records
That ℗ means hands off. Found this the hard way.
Method 5: The Direct Approach (Contacting Owners)
When in doubt, email. I've contacted indie artists for permission 4 times. Template:
"Hi [Artist/Label Name],
I love your song [Song Title] and want to feature 30 seconds in my [Project Description] reaching [Audience Size]. May I get permission for non-exclusive use? I'll credit you with [Credit Details]."
Response rate? About 40% for smaller artists. Labels? Forget it unless you're Netflix.
Biggest Copyright Myths Debunked
Let's bust dangerous assumptions:
| Myth | Reality | My Experience |
|---|---|---|
| "Short clips (under 30s) are fair use" | False. Duration isn't the only factor | Got claimed for 7-second TikTok audio |
| "No © symbol means free to use" | False. Protection is automatic | Learned this from a lawyer letter |
| "Covers are always safe" | False. Sync licenses still needed | Friend's cover song video got blocked |
Fair use? Don't gamble. Judges decide case-by-case.
Free Alternatives to Copyrighted Music
Where I get safe tracks:
- YouTube Audio Library: Actually free for videos (check "license type")
- Free Music Archive: Curated CC-licensed music
- Incompetech: Kevin MacLeod's royalty-free classics
- CC Search: Aggregator for Creative Commons music
Warning: Some "free" sites sneak in copyrighted content. Always verify license docs.
What If You Accidentally Used Copyrighted Music?
Don't panic. Steps I've taken:
- Immediately take down content if possible
- Check claim details (YouTube Studio shows rightsholder)
- Dispute only if you have license proof
- For false claims: Counter-notify with evidence
One time... I used a CC-licensed track that turned out fraudulent. Took 2 months to resolve.
Copyright FAQ: Quick Answers
How to tell if a song is copyrighted on YouTube?
Upload as unlisted first. YouTube's Content ID will flag it within minutes if protected. Safer than guessing.
How to tell if a song is copyrighted on Spotify?
Check the credits section. ©/℗ symbols = protected. No symbols? Still assume it's copyrighted.
How to know if a song is copyrighted for Instagram?
Instagram's music library shows only licensed tracks. If you don't see it there, uploading externally is risky.
How to find out if a song is copyrighted worldwide?
Copyright laws vary. U.S. registration ≠ global protection. When doubtful, assume it's protected in your country.
How to check if a song is copyrighted for commercial use?
Free tools lie sometimes. Only trust:
1) Written permission from rights holder
2) Platform's official licensing (like YouTube's paid music)
Final Reality Check
After years of navigating this:
- Assume every modern song is copyrighted
- When using old music, verify BOTH composition and recording
- Tools help, but human verification is golden
- When paying for licenses seems expensive, remember lawsuit costs
Seriously though, bookmark this page. I wish I had this guide when starting out. Saves cash and stress.
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