Copyrights Copyrights

Copyright a Song and Identify a Copyrighted Song

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Learn more about copyrighted songs and how you can identify whether the song is copyrighted or not.

If you wish to identify whether a song is copyrighted or not, you have come to the right place. In this blog, you will learn about the copyright a song. Also, you will gain an understanding of the knick-knacks of copyrighting a music piece in India. 

What is Copyrighted Music? 

A piece of copyrighted music is intended to safeguard the artists` intellectual property by only granting them the exclusive right to use their work in any convenient way. Everyone else needs to get permission or license from the copyright literary work owner, usually for a fee, to use the copyright a song.

What are the Cases Where Music is Not Copyrighted?  

Almost all music is copyrighted. But when it comes to the restrictions placed on this music, it’s all about how you use it. However, the songs and music may not be copyrighted.

Copyright a Song: Music in the Domain of the Public  

Music available in the public domain can be used without authorisation by anyone. There are a few criteria that determine whether or not a piece of music is in the public domain: 

  •  If the song was written before the Copyright Act Public Performance came into existence
  •  If it has been between 50 and 70 years since the author of the music passed away
  •  Copyright owners who could not renew their copyrights on the work established before 1978. 

Music Falling Under Creative Commons Licenses  

Using music that falls under the Creative Commons license is completely free. However, there are some restrictions and conditions that must be followed in order to use it correctly; otherwise, you will be infringing on someone else’s copyright. There are 6 Creative Commons licenses and each of the Creative Commons licenses has its own set of rules. 

Royalty-free Music  

Copyright a Song – A royalty-free license eradicates the need to negotiate licensing costs with Performance Rights Organizations (PROs) and allows you to utilise copyrighted music as and when you want. It is normally not free to use royalty-free music. However, you only pay the license once (usually as part of your subscription to a platform such as Artist) and you can use the song forever. There are many advantages to using licensed royalty-free music in a video compared to using public domain or Creative Commons licenced tracks. 

  • Quality improves significantly. 
  • There are many more options. 
  • The improved user interface makes it easy to find what you need. 

Remember, that using copyright a song necessitates acquiring a license. If you use it without authorisation, you may face legal consequences. 

How Do You Identify if the Music is Copyrighted?

Copyright a Song in India – Here’s a step-by-step approach to determining if a song is copyrighted. This will tell you what you can and cannot do with the song.

Empower your artistic journey! Register your copyright protection today.

How Do You Know if a Song on YouTube is Copyrighted?

YouTube is the most used site video streaming site on the internet, so the first thing to do is to check if there is any copyrighted song?  Uploading a song to YouTube and using a copyright checker to check for copyright issues is the easiest way to check if it’s copyrighted. The method is as follows. 

  • After logging in to your YouTube account, enter Youtube Creator Studio
  •  Click Create in the upper right corner of your website, after that click Upload Video 
  •  Open a video of the song you’re looking for to see if it’s copyrighted. When YouTube processes the video, click Review
  • If the song is copyright-free, you will see “No problem found” with a green checkmark to the right below the copyright
  • If the song falls under the copyright category, a red exclamation mark will appear next to the check area
  •  Click Confirm to see the copyright in sound recording details.

How to Check if a Song is Copyrighted on Instagram and Facebook  

Copyright a Song – If the song that you have used in the video is copyrighted, Instagram and Facebook can detect it automatically. However,  until you post the video on social media platforms like Instagram or Facebook, you won’t know if the song is copyrighted. A label of warning will be displayed if you infringe the copyright. You will be asked to replace the background music of the video with a non-copyrighted song.

What are the Best Platforms for Copyright-free Music?  

Here are the best online platforms for you to download copyright-free songs 

SERVICE TYPE PRICES Details 
EPIDEMIC SOUND Subscription From $15,00 / month Epidemic Sound is a market leader with more than 12 years of experience. It provides its customers with access to a music collection that includes over 100,000 high-quality exclusive music recordings organised into songs and sound effects.
ENVATO ELEMENTS Subscription From $15,00 / month Envato Elements is the world’s largest marketplace for creative goods. The fact is that, since its inception in 2016, it has amassed a staggering 56 million digital assets, a figure that continues to rise week after week. And, if we just look at the music, you’ll have access to over 90,000 tracks, all of which are copyright-free.
ARTLIST Subscription $199 / year Artlist is a royalty-free music platform that seeks to make obtaining music licences for nearly any use case easier and less expensive. Its polished UI and carefully curated music library have made it a favourite among clients such as Google, Mercedes-Benz, and Coca-Cola, among others.
AUDIIO Subscription $299 / lifetime AUDIIO is the platform with the most innovative music offering on the market. It’s worth noting that, despite being on the market for a shorter period than other similar businesses, it has managed to win over music clients like Netflix, Adidas, and Nike, among others.

What is a Music Copyright Checker?

Copyright a Song – In the rich tapestry of human expression, music holds a unique place, resonating through cultures and experiences.

As music becomes increasingly accessible in the digital era, ensuring compliance with copyright laws is paramount.

Enter the ‘Music Copyright Checker’ a vital tool in the modern creator’s arsenal. This tool or service plays a crucial role in discerning the copyright status of a song, offering assurance to content creators, DJs, and anyone utilising music for public or commercial purposes.

In a world brimming with artistic diversity, the Music Copyright Checker ensures a harmonious balance between creativity and legal adherence.

How Does Music Copyright Checker Work?

The operation of a Music Copyright Checker involves several key processes:

  • Database Search: Most checkers start by scouring extensive databases of registered songs, actively seeking matches against the provided content.
  • Waveform Analysis: Advanced tools often employ waveform, rhythm, and melody analysis to identify matches, offering a more intricate examination of musical elements.
  • Information Provision: Once a song is identified, the Music Copyright Checker can supply essential details such as the copyright holder, the nature of the copyright, and guidance on obtaining a license if required.

Popular Platforms and their Checkers:

  • YouTube’s Content ID: This system scans uploaded videos against a vast database submitted by content owners.
  • Shazam & SoundHound: While primarily song identifiers, these platforms indirectly signal if a song is likely copyrighted due to their extensive databases.
  • Third-Party Services: Platforms like Audible Magic assist in identifying copyrighted content across various channels.

Points to Consider:

  • Not Foolproof: No tool is infallible; there’s always a possibility of false positives or misses.
  • Always Double-Check: For significant projects, especially those for commercial use, consulting with a legal professional or obtaining direct permissions is advisable.
  • Know the Rights: Even if a song is copyrighted, there might be legal ways to use it, such as purchasing a license, obtaining permission, or utilising it under fair use (though the latter is complex and varies by jurisdiction).

Can Copyrighted Songs Be Used? 

Copyright a Song in India – Copyright infringement can occur even if you use some portion of the track without permission. It doesn’t necessarily mean that it will always happen. The automatic checking of copyright, such as those found on Instagram, Facebook, and Twitch, is prone to errors and false copyright claims, so they are unlikely to avoid copyright infringement. In addition, the cost of piracy is much higher than the cost of paying a monthly charge for the licensing platform. 

What Happens if You Use Copyrighted Music Without Permission? 

Mostly, it’s not whether the copyright a song is used or not. Rather, it is to know exactly what the copyright is associated with, in other words, how limited it is. YouTube shows all the restrictions, such as whether viewing is restricted in a particular region. However, the copyright owner can re-define the policy or delete the video of a particular song. The unauthorized use of copyrighted music may result in copyright infringement warnings. 

The video may be blocked by YouTube and the soundtrack may be muted. Example: “This media contains  audio tracks that have not been approved by all rights owners.” If you have received this notification even though you have been given permission to use tracks. You can file a claim from the YouTube dashboard. 

Conclusion

A drawback of using music that is copyrighted is the inability to monetise the video. This song can be categorized as “Advertising-supported music”. In other words, copyright owners have the right to display ads on YouTube videos and monetise them. You can miss all the revenue generated by traffic and games. Therefore, copyright-free music licensing is the simplest yet hassle-free option.

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About the Author

Karan Mehta, a B.A. LLB (Hons) graduate at Vakilsearch, specialises in business, criminal, and intellectual property law. With over three years of experience, he offers expertise in trademarks, copyrights, patents, insolvency, and debt recovery. Karan is a trusted authority in IP law, delivering legal solutions for diverse clients.

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