Does music have copyright protection?
The answer is Yes! Audio recordings are protected by two separate copyrights: one for the musical composition and another for the actual recording. For example, while a symphony written in 1915 is in the public domain, a recording of that same piece made in 2015 remains under copyright.
A 1976 federal law established that recordings made after February 15, 1972, are protected for the life of the creator plus 70 years. For recordings made before that date, copyright protection was extended until 2067.
Yes, fair use can be considered when using copyrighted music. Under the fair use doctrine, use of musical works and/or sound recordings without the permission of the copyright owner is legally allowed. However, it is often difficult to determine whether or not a specific use of music is a "fair use." An analysis of the four factors of fair use is needed. If you want to consider fair use for your use of copyrighted music, please get in touch with the library to assist you with analyzing the factors of fair use.
Take a look at this chart to help you decide. If you do need to get permission or purchase a license, reach out to the library and we will help you get started.
| Yes, you need public performance licenses to play music ..... | No, you do not need public performance rights for the following: |
| If the screening/playing of music is open to the public, such as being shown or played to the community | If privately playing the music in your room with friends |
| If the screening/ playing of music is in a public space where access is not restricted, such as in a public location | If an instructor is playing the music to registered students in the course of teaching in the classroom |
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If individuals attending are outside the normal circle of family and acquaintances, such as a club or organization. And the showing of a film or musical event is school-related, but others are invited to attend |
If the library purchased public performance rights |
| If copyright permission was obtained |
Some musicians release their songs under Creative Commons licenses, which give us the legal right to use their music in our videos.
What is Creative Commons?
Creative Commons is a simple way for people to share their work, like music, videos, and pictures, while still retaining some rights. Creative Commons is based on regular copyright law but makes things more flexible. With Creative Commons, creators can choose a free license that says how others can use their work.
Where can I find CC-licensed music?
Here is a listing of sites offering music published under Creative Commons’ flexible copyright licenses.
Can I use any song with a CC license on it?
Not quite. Make sure that what you want to do with the music is permitted under the terms of the license. CC-licensed music isn’t free for all uses. The library can help you decide what the Creative Commons (CC) license means.
Another tip is to be aware of music that is licensed under a No Derivative Works license. A No Derivative license means the musician doesn’t want you to change, transform, or make a derivative work using their music. This is fine if you simply want to play the music. A No Derivative license would not allow you to add the music to a video or presentation.
Lastly, make sure to properly credit the musician and the track and list the CC license the track is under.
Access our Citing your sources guide for more information.
Some music is in the public domain and is no longer protected by copyright, mainly due to its age.
Sound recordings created in the U.S. are protected under two separate copyrights: that of the composition, and that of the sound recording of the composition. Remember to check the copyright status of both the recording and the underlying composition.
What's in the Public Domain?
- Compositions published before 1923.
- Compositions published between 1923 and 1964 in the U.S. whose copyrights were not renewed and compositions published between 1923 and 1989 whose copyrights were abandoned due to failure to affix a copyright notice with their published works. (i.e, ©, year of publication, and name of copyright owner.)
- Recordings created or published in the U.S. before 1972 are not protected by federal copyright law, but are still protected by state statutory law and/or common law. This includes recordings of public domain compositions.
- The earliest that copyright protection for any pre-1972 recording will expire is 2067.
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