As a royalty free music business, we get asked many questions about copyright. There are numerous people that believe they can legally use up to 30 seconds of music without any legal repercussions and without having to seek clearance or a license.
Well, sorry to be the bearer of bad news…. This is simply not true and a bit of a modern myth.
Copyright law is complex and varies in different countries. US copyright law in particular, has a fair use clause, whereas here in the UK, there is no such clause.
This fair use copyright clause is misinterpreted by many who think that using up to 30 seconds of music is legal. The fact is that any use of music needs to be cleared or licensed. Even where copyright law includes a fair use policy the legal interpretation can vary considerably.
For instance, using a 10 second music clip as an intro to your podcast would probably not be classed as fair use, whereas using a 10 second snippet to critique a piece of music may be seen as fair use in copyright law. However, never assume you are covered by fair use copyright as there is no guarantee you will be safe.
I once heard an American music lawyer say…
When your use of music gets challenged you need a defence; having a license is always your best defence. If your defence is ‘fair use’ this will probably not be sufficient to save you in court.
She went on to say that it is not worth the risk in nearly all cases.
A good rule of thumb is that it is not OK to use any amount of copyrighted music without permission from the rights owner or a music license. If you do feel fair use applies you will need to study the fair use guidelines for the copyright policy of your jurisdiction and to be completely sure you would need a music lawyer to confirm your belief for your particular circ*mstance.
In my opinion, it is going to be much easier, cheaper and less stressful to get royalty free music licenses from a reputable company.
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UPDATE: Please note, I am not a legal adviser and this content is not legal advice. Please do comment if you have something to add as it is appreciated and adds more opinions to thesubject but, Icannot provide legal advice. If you need advice about your rights and what to do, please contact an appropriate legal adviser.
About Lee
Hello, I'm Lee Pritchard, a UK-based composer and audio producer. I am the co-founder of MediaMusicNow, but I also manage my own music website BeanstalkAudio where I offer some free background music loops.
I also provide custom music services and score to picture. See my personal website for more details LeePritchard.com.
Reader Interactions
Comments
jamesthanks for all this information lee. I have a unique situation where I have created an ‘audio collage’ using acapellas of about 11 songs. Each use of the acapella, is on average about 2 seconds, in total the ‘collage’ is around 20-30 seconds. I used AI to extract the vocals leaving behind the instrumentation and now I’m unsure as to whether or not ill get into trouble for using a maximum of 2 seconds (without music) for each song. after reading the above I’ve made the assumption it’s not ok, but at the same time it’s still a unique situation I think, so I thought I’d just better be safe and ask?
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Does anyone know any platform for copyright managment, Just to know where we can buy copyright of a particular content and like music and videos
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- Robert
Hello,
I want to use a riff from a peruvian band of the 70s (not a sample, i would do it myself on guitar but using the same notes), do you think i should ask the permission to the authors?
Also I was wondering, what about if the song is distributed by an external label (such as believe or similar), could the label claim the copyright itself?
Thanks for your reply,
cheersReply
- Lee
Chords and riffs are harder to claim copyright on. I don’t know what song you are talking about, so can’t really tell how much the riff determines the character of the song.
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- Joshua Ramirez
Can I use the audio clips from A film in my music? The movie was made in 1973.
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- Andy Wong
If the DMCA, is enforced like the writer said.
A lot lot lot and a lot of Youtube and Social media Video, like facebook………..
and include google search links, are in violations.HAHAHAHA, there will be, no Real use of Internet anymore.
Reasonable enforcement.
Just search any song, I mean any song, YT or any other social media, MILLIONS ,
NO BILLIONS of user are in BIG troubles. hehehe.Reply
- A. Scott Fulkerson
The problem is that this is an incorrect analysis of copyright law- Fair use hinges on several factors, of which only one is the amount of material used. The other three factors are the nature of the use (e.g. whether the use is transformative in nature), the nature of the copyrighted work, and the effect on the ability to market the copyrighted work.
In general, you can’t copyright an insubstantial amount of work- for example- you can’t copyright a single sentence, and likewise, neither can you copyright a single 4-bar phrase of music, and most probably can’t copyright two 8-bar phrases of music either. This is because copyright was intended by congress to apply to substantial works, not works of a de minimus nature, that resemble more of a “trade mark” nuance of sorts.
Secondly, 30 seconds of music can mean different things- a 30 second snippet of a 30 minute piece is much different than 30 seconds of a 3-minute piece, which in turn is much different than 30 seconds of a 1 minute piece of music.
Using the work within a context that represents a separate market will likewise also point to fair use- Use in a podcast does not compete with the marketing of music because the purposes of each are fundamentally different.
Thus using a small fraction of a piece of music within a use context that doesn’t compete with the music industry is likely to be considered fair use in the American Courts. How long this “small fraction” actually is depends upon how extensive the original work is.
The thing with DMCA that most people don’t realize is that DMCA is the LAW, its not “optional” to an ISP. Therefore, ISPs that fail to honor valid Put-back notices are in violation of the law, regardless of whether the use violates copyright or not- because the “Put Back” (DMCA Counter-notice) provisions are the law, they’re not optional. The DMCA makes clear that the ISP is NOT to determine whether there actually was copyright infringement- rather, they’re simply to follow the directives of BOTH DMCA Notices AND DMCA Counter-Notices. Youtube should have learned this the hard way when they had to pay extensive damages for failure to honor a put-back notice in one case. Apparently they haven’t yet learned their lesson on that point- DMCA Put Back is compelled by statutory law- and ISPs have no say about re-instating the content. The trade-off to this is that a Plaintiff must file a copyright law suit AND obtain a preliminary injunction from the court within 10 days in their home district in order to maintain a DMCA takedown, thus one should be careful about using the counter-notice procedure.
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- Mary
Do I need permission or pay to use a snippet of a Rolling Stones or Four Seasons, for example, recording to transition between scenes in my play for a non profit theater?
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- Lee
As the article says… The fact is that any use of music needs to be cleared or licensed. This includes getting permission.
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- David
But surely if there would be no financial gain from use of the music (the main reason why copyright law is implemented), then it can be used. It’s all about money, at least for rights ‘companies’ rather than individual artists. Companies just want to protect it for financial reasons and get too pernickety in my opinion.
DMCA quote is as follows – and I had to put it on the descriptions of any youtube videos I did which covered a copyrighted song:
“…fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
The above implies uses which do not bring any financial benefit are ‘fair’ as they don’t make money from using it unlike those who blatently rip music verbatim. Sooooo many songs sound BLATENTLY alike and yet not many of the original composers/artists seem to sue over it. And yet, I put a cover of a song on YouTube, where no money gets made unless you’re on Google adsense (which I wasn’t), credit the original band in the description saying it’s not my own composition and get my entire channel taken down by the band’s rights company! It’s that kind of petty whistleblowing which annoyed me as I didn’t make financial gains on it.
After that, the next cover of a song that I put on Youtube, I stuck that section 107 quote in the description, and nobody’s taken it down at all. So there must be some weight to it.
Reply
- Lee Pritchard
I totally understand. There does seem to be a lot of issues on YouTube, and as you say, often petty.
Rick Beato is a great example of this problem in action. He is a great online YouTube educator and has to use clips to teach about various aspects of music. He is forever dealing with copyright strikes. He does not even mind if he loses the monetisation for videos that need clips of others music but the takedowns are a major headache for him.
It is far from a perfect system.
Reply
- Dorren Gerusano
Can I use royalty music on my own to develop a mobile application? Did I not receive a penalty if I am using royalty music on my own mobile application
Reply
- Lee
If you are making an app, it would be better to license the music I think.
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- Linda
If I have written a song and have samples in it. Should I copyright the song before I get permission to use sample or get permission first then copyright?
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- Lee
Personally, I would get sample clearance first.
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- scott harris
I have an idea for a trivia game that uses 10 second audio snippets from famous movies. Is this allowed under fair use?
Reply
- Lee
I wouldn’t think so.
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- Ben
Hello, thanks for this very useful information. I have an issue in which as part of a documentary production I have an 85 year old soul singer watching an old performance of his on You Tube from the 1950’s. We only use this for ten seconds but would this be considered fair use?
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- Lee
It sounds like it would be, but you would have to seek permission from the owner of the video to be sure.
Reply
- pro juicer
In Reality : Nobody is gonna bother you!
Until you got that #1 UK hit or USA.
Than suddenly all the bells are ringing to find you!Reply
I thought you can use 20s without any permision
Reply
- anthony
can I use a snippet of audio from some old obscure radio serial or an old speech. then add effects like vocoder or distortion to where it would not be recognized, then add to my own original electronic music?
Reply
- Lee
I think you would have to see if anyone owns it to be honest.
- Marco
Hi! We’re a band recording an album and we’re keen on using a 10 second clip from an 80’s horror movie trailer (no music, just monologue) as an intro for one of our songs. Will this be an act of copyright infringement?
Cheers!
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- Lee
That is an interesting one. In theory, yes as the recording of the monologue will contain copyright. Once you record something, you have a copyright in the recording. Contacting the publisher of the film is probably your best case. I would be interested to know what they say.
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- Linda Farmer
I am wanting to use music to enhance a short video of a sailing holiday and share it on the ship’s Facebook page or Google photos. What sort of license do I need? I appreciate that I need permission or a license if I am to show it on the Internet, but what type of license do I need? I will not be making money!
Linda
Reply
- Lee
Hi Linda
That very much depends on the source of the music and whether it is mainstream or original. You would have to deal with the owner of the music. We don’t deal with mainstream music but have lots of royalty free music that is affordable. This can be licensed directly on our website. Check it out here and get back to me if you have any further questions. https://www.mediamusicnow.co.uk/royalty-free-music.aspx
Lee
Reply
- Charlie Waring
Hi,
I am trying to find out who owns the copyright for Harry Roy, a band leader of the ’20s, ’30s and ’40s. He wrote most of his own music and performed with his band. He died in 1971. How do I find this out?
Many thanks,
CharlieReply
- Lee
If you can find a CD of his music it should contain details of who the publisher is. If not, look for sheet music. When you know the publisher you can then approach them directly.
Reply
Hello!
Using 10-30 second snippits seems like complicated territory. But how about 1 second snippits? Making sample instruments out of tiny snippets of pop culture would be really useful. Since you’re not necessarily using a song, but just the timbre of a song, would that save trouble in the legalities of it all?
Thanks <3Reply
- Lee
Haha, An interesting idea. I don’t know about the legalities though to be honest. I think that would be a question for a music lawyer.
Reply
- Oniel A.
i recently noticed a television network used some of my music in one of their shows. while as i understand it they used the instrumental version, or somehow faded out my vocalist on the track via edit: they still did not contact me or my label for clearance. is this becoming a new trend?
Reply
- Lee
I would think they should have contacted your label or yourself.
Reply
- Just Ask
I want to create a blog that has a song that correlates each post, and then offer it for sale (as an affiliate) to a site that sells the songs. Therefore, I would be adding the link, but also including a snippet (30 secs) or so to market the song and promote it.
Is that legal?Reply
- Lee
We can’t advise on legal matters, but would think it best to ask the site you are an affiliate for.
Reply
- DaDerpKnight
I want to use a song’s KARAOKE as my outro music. Just 10 seconds of the KARAOKE/Instrumental (without any sort of words or sayings). Can I do that or are there any repercussions?
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- Katherine
I put together a workout Instagram video (20 secs long) and wanted to play a music clip as a background. Is that legally ok?
Reply
- Greg Akehurst
Hi Lee,
I work for a theatre company in the UK and we’d like to use some music from the show on a trailer that will go online. Do I need a separate licence to use the music on a trailer as well as in the show – (assuming I have been through the PRS for the show in the first place obviously). It would be snippets of music but it looks like that makes no difference from your blog.
Cheers
Greg
Reply
- Lee
Hi Greg
It would very much depend on who owned the music, i.e. who is the publisher. If it is mainstream, PRS would be the best to advise you as they provide licenses for such music.
LeeReply
- Cedric Beedlebug
If your only showing a film to a select few or have a little snatch of a song in a video you made for youtube or anywhere else, id say get it done, show the video, whats the worst that can happen, youtube take it down or one of the few people make a complaint, which i doubt would happen. Post it, play it, show it… because if you dont then its only you that loses out in the end…….
Reply
- Vi
I was hoping to use a wide variety of brief clips from especially distinctive songs to enhance the characterization and foreshadowing in my free story-driven indie game. Unfortunately, since I don’t have any budget, or the guts to ask Frank Zappa’s heirs if I can play his music backwards during an R-rated scene, it looks like I’ll have to communicate the information a different way. Thanks for clearing that up at least.
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- Anna
I want to use a short audio clip of from the TVs Columbo ( detective) series in my film for a 48 hr film challenge, just the voice. Will be aired to 200 people and none for profit, can I?
Reply
- fred
I am using 20 seconds of beat it song from Michael Jackson hit song on my you tube channel where I am competing in a talent show and I dance to that song.its a comedy show that I am trying to put out.can I use the song
Reply
- dudefromthebronx1958
I’m writing a trivia game software application in which the user can add audio and images. I need to create a tutorial in which the user will be guided through the creation of a trivia game about The Beatles. I’d like to include images and music written by The Beatles. While the images I’ll choose are in the public domain, the songs may not be. However, I will not use recordings of entire songs, only short clips or “excerpts.” Do I need permission from the songs’ copyright owner to do this?
Reply
- Lee
I would think you would if they are not in the public domain.
Reply
- Turtle
Acording to en.wikipedia.org/wiki/Copyright_Act_of_1976, there are four factors to be considered
1. the purpose of use
2. the nature of the copyrighted work
3. the amount and substantiality of the portion of the original work
4. the effect of use upon the marketI do not think you would. You are not going to be selling it, so you would not make a profit off someone elses work.
Reply
- L Giorgio
Do i need license to use a song in my movie short that will not be for sale, and only be shown at a Film Festival?
Larry Giorgio
Reply
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