How Do You Know If Music Is Copyrighted? And Why Does It Matter If a Song Sounds Like a Cat Walking on a Piano?

Music is an integral part of our lives, whether we’re streaming it, using it in creative projects, or simply enjoying it in the background. However, with the vast availability of music online, it’s crucial to understand whether a piece of music is copyrighted. This knowledge not only helps you avoid legal issues but also ensures you respect the rights of creators. So, how do you know if music is copyrighted? Let’s dive into this topic and explore its nuances.

1. Understanding Copyright Basics

Copyright is a legal protection granted to creators of original works, including music. It gives the creator exclusive rights to reproduce, distribute, perform, and display their work. In most countries, copyright is automatically applied the moment a piece of music is created and fixed in a tangible form (e.g., recorded or written down). This means you don’t need to see a copyright symbol (©) or register the work for it to be protected.

2. Look for Copyright Notices

One of the simplest ways to determine if music is copyrighted is to check for a copyright notice. This is often found in the metadata of digital files, on physical copies of music (like CDs or vinyl), or in the description of online platforms. A typical copyright notice includes:

• The copyright symbol (©)
• The year of publication
• The name of the copyright owner

However, the absence of a notice doesn’t mean the music isn’t copyrighted. As mentioned earlier, copyright is automatic.

3. Check Public Domain Status

Music that is in the public domain is not copyrighted and can be used freely. Works enter the public domain when their copyright expires, which typically happens 70 years after the death of the creator (this varies by country). For example, classical compositions by Mozart or Beethoven are in the public domain. Websites like Project Gutenberg or IMSLP can help you find public domain music.

4. Use Royalty-Free Music Platforms

Royalty-free music is not necessarily free of copyright, but it comes with a license that allows you to use it without paying ongoing royalties. Platforms like Epidemic Sound, Artlist, and PremiumBeat offer music that you can legally use in your projects after purchasing a license. Always read the terms of the license to understand the scope of usage.

5. Search Copyright Databases

If you’re unsure about a specific piece of music, you can search copyright databases. In the U.S., the U.S. Copyright Office provides an online database where you can search for registered works. Similar databases exist in other countries. Keep in mind that not all copyrighted works are registered, so this method isn’t foolproof.

6. Analyze the Source

Where you find the music can also give you clues about its copyright status. For example:

• Music on platforms like Spotify or Apple Music is almost always copyrighted.
• Music shared on platforms like SoundCloud or YouTube may or may not be copyrighted, depending on the uploader’s rights.
• Creative Commons licenses, often found on platforms like Free Music Archive, allow specific uses of music as long as you follow the license terms.

7. Beware of Cover Versions

A cover version of a song is a new performance of an existing work. While the performance itself may be original, the underlying composition is still copyrighted. This means you need permission from the copyright owner of the original song to use a cover version in your projects.

8. Consult Legal Experts

If you’re planning to use music in a commercial project or are unsure about its copyright status, it’s wise to consult a legal expert. They can help you navigate the complexities of copyright law and ensure you’re on the right side of the law.

9. Why Does It Matter If a Song Sounds Like a Cat Walking on a Piano?

This quirky question highlights an interesting aspect of copyright law: originality. Even if a song sounds unconventional or random, it can still be copyrighted if it meets the criteria of originality and fixation. Copyright law doesn’t judge the quality or style of music—only its originality and the creator’s rights.

10. Consequences of Using Copyrighted Music Without Permission

Using copyrighted music without permission can lead to serious consequences, including:

• Legal action from the copyright owner
• Fines or damages
• Removal of your content from platforms like YouTube or Instagram
• Damage to your reputation

FAQs

Q1: Can I use copyrighted music if I give credit to the artist? A: Giving credit does not replace the need for permission. You still need to obtain a license or permission from the copyright owner to use the music legally.

Q2: Is it safe to use music from YouTube’s Audio Library? A: Yes, YouTube’s Audio Library offers music that is either royalty-free or comes with a license for use on the platform. However, always check the specific terms for each track.

Q3: How can I find out who owns the copyright to a song? A: You can search copyright databases, contact performing rights organizations (like ASCAP or BMI), or reach out to the publisher or record label associated with the song.

Q4: What is fair use, and does it apply to music? A: Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes like criticism, commentary, or education. However, it’s a complex and often misunderstood area of law, and its application to music is limited.

Q5: Can I use music in my podcast or video if I’m not making money from it? A: Even if you’re not making money, using copyrighted music without permission is still a violation of copyright law. You need to obtain the proper licenses or use royalty-free music.

Understanding whether music is copyrighted is essential for anyone who creates, shares, or uses music in any capacity. By following the steps outlined above, you can ensure that you respect the rights of creators while avoiding legal pitfalls. And remember, even if a song sounds like a cat walking on a piano, it might still be someone’s masterpiece—legally protected and all.