Music Licensing Rules

Everything you need to know about music licensing and what claims-free music is

 

Whether it be a funky track for the opening credits of your podcast or a punchy beat for an advert you’re producing, if it features music, you need to pay to play it. That’s where a music license comes in handy. 

A music license makes sure the right people are compensated when their music is used (called paying royalties). That could be the artist, sound engineer or a production company that owns the rights to the track. 

If you don’t have a license to use the music in your project, it could trigger a copyright dispute. 

The rules around licensing music can be fairly complex. Here, we break down when you need a music license, the types of license you might need and how to get one.

 

When you need a music license

The basic rule is: any copyrighted music you use without permission, could be classed as copyright infringement. This is still true, even if you don’t monetize your content.

How can you tell if the music you want to use is copyrighted? You can search the public records system. You could also upload a private or unlisted video containing the track to YouTube to see if it’s flagged by its Content ID system, or check other platform libraries (such as Instagram) for the music’s copyright status. 

There are sometimes exceptions to what’s considered a copyright infringement, based on “fair use”, which can include:

 

• Using only a small snippet of a music track, not including major parts such as the chorus or hallmark solos.

• Using music for non-commercial content.

• Using music in a way that doesn’t impact its market value. An example of this might be playing a clip of a song to analyse or critique it from an educational standpoint. On the other hand, if you play the full song or significant sections of the song in content you upload to YouTube, it could impact the market value because people might listen to that song for free on your channel, rather than buying the track. 

However, it’s important to remember you’re not automatically permitted to use the track in these instances. Additionally, crediting the artist used or including a disclaimer doesn’t make your use of the music legal. 

The only thing that can give you permission definitively, is a license. 

 

Types of music licenses for creators

Content creators are most likely to use one of two music licenses:

• Stock music license - A library, like Universal Music for Creators, licences you to use the tracks in their library, usually for a monthly subscription. 

• Licensed platform libraries - Platforms like YouTube, Facebook, Instagram and TikTok all have a certain number of tracks which their users can incorporate into content within their platform, for free. 

Stock music libraries and licensed platform libraries guarantee you are cleared to use the music they provide together with your content, without the need for additional licensing. 

This is because within their license agreements, they usually include:

 

  1. Sync rights

This allows you to match a copyrighted song to your own visual content. 

For example, if you film yourself roller-skating for your YouTube channel, and pair it with the track ‘Boogie Wonderland’, a sync license permits the use of that song in your video. You still own the rights to your video footage.

However, a sync license only permits the pairing of the music with the video. It doesn’t permit the use of the music. For that, you’ll need master recording rights.

 

2. Master recording rights

This allows you the right to use a specific recording of a track. For example, you might want to use the original recording, the single version or a remix of a track. 

 

  3. Performance rights

Not all music libraries include this right within their subscription, and it’s not normally necessary for creator content, but performance rights permit you to play a music recording in a public place, or perform it live as an artist or band (in a restaurant or club, for example) for commercial purposes. 

 

  4. Commercial use rights

Commercial use is technically granted through each of the previous three rights: sync, master recording and performance. Commercial use means you can use the track in content you plan to monetize, such as a brand ad.

License combinations

If you don’t use stock or library music, which explicitly allows you to use music with your content, or you want to use a track which isn’t available from these places, you’re going to need a combination of music licenses. 

You’ll always need a sync license to match copyrighted music to your content, but you might need to combine it with a master recording license as well, if your intention is to use it within your content, particularly for commercial purposes.

There are other music licenses, such as those which allow you to print music or create a physical copy of a recording, but as a content creator, you’re far less likely to need them.

 

How to license music

The safest option for creators is to get a subscription to a music library, which covers all of their usage rights. Seeking a combination of licenses above can be time-consuming and a wrong move could lead to a legal dispute and fines for copyright infringement.

 

If you take this route, you’ll need to:

1. Find out who owns the rights to the music. You’ll need to do this for two separate elements of the music: the musical works (the notes and lyrics) and the specific sound recording. 

2. Negotiate an agreement to use the music based on the part of the music you want to use and the specific purposes of your project.

 

What is claims-free music?

Claims-free music is music that’s already cleared for use without the risk of triggering a copyright dispute. These are usually granted through stock music and platform libraries and don’t require any additional licensing.

 

Don’t make music licensing harder than it needs to be

Avoid the complexity of music licensing combinations and match your next project to music from the Universal Music for Creators library. 

It’s specifically designed for content creators, with two different subscription levels. Go PRO to get sync rights for commercial content.