Copyright Free Music?

If you think you can use a commercial, copyrighted piece of music in your project, think again! internet discussion boards are full of vague assertions that there are a number of ‘get out clauses’. Claims made about use of copyrighted music include:

The copyright holder is dead:

Some people seem to think that Michael Jackson’s back catalogue is now a free for -all -since his death. Unfortunately it is definitely not OK for Tiddles to frolic along to "Beat It" or any other Jackson song. Copyright is transferred automatically, to his estate, or publishers, or someone else – but it’s unlikely to be you.

The piece is ‘widely known’, so it isn’t copyrighted:

Someone is probably getting confused with patent law here, anyway it’s not true. It doesn’t matter how well established a piece is, it doesn’t suddenly go out of copyright in this way.

The recording of the piece is poor quality or in the background:

Much claimed and completely untrue. The prominence of a piece of music used in film is not an issue. If it’s recognisable and you don’t have permission you can’t have it playing.

Time has rendered the piece out of copyright:

Ah, true. The opening to Beethoven’s 5th symphony is, of course, out of copyright. So can you use it on a youtube video? Only sort of, we fear. Although the piece itself is out of copyright, have you got the permission of the orchestra playing it? Thought not. If you can play and record it yourself, then that’s fine, but unfortunately you’ll need to learn to play a load of orchestral instruments to virtuoso standard first - or hire an orchestra and a conductor.

There is a ‘fair use’ clause with music use:

This is one of the more fascinating pieces of internet folkore. It’s true that legally, there is a ‘fair use’ defence that can be wielded against those that claim breach of copyright. Music used in the context of a critical review or sometimes as a parody is acceptable in some cases. However, it is only a legal defence. There is no ‘policy’ of fair use.

Using music legally on youtube videos boils down to a number of options:

1)Create the music yourself.

2)Get permission from someone else to use thier music.

3)Pay a ‘royalty free music’ site for a license to use their music.

4) Use one of the small number of free sites, such as ours.