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1Fix the driver behind crashes, sound loss and screen glitches2Clear out junk files and repair common Windows errors3Scan for outdated or missing drivers - takes under a minuteTo use copyrighted music legally, either obtain permission covering the specific music and use, choose music whose rights and license fit, or rely on a copyright exception that actually applies. For a video, that often means clearing two separate rights: the musical composition and the particular sound recording. There is no universal safe number of seconds, and credit or a disclaimer does not replace permission. This guide focuses on U.S. rules; copyright exceptions and licensing differ by country.
Start by identifying which rights your use needs
A song recording can contain two separately protected works. The musical composition is the music and lyrics, generally authored by the composer and lyricist. The sound recording is a particular recorded performance; performers, producers, or both may hold authorship interests. The U.S. Copyright Office explains that copyright in a sound recording is not a substitute for copyright in the underlying composition (Copyright Office: Musical Compositions and Sound Recordings).
For music timed to images—a documentary, video essay, trailer, or other audiovisual work—the Copyright Office’s licensing study says creators generally need synchronization licenses from both the composition owner and the sound-recording owner, unless an applicable exception or other rights arrangement covers the use. A publisher or songwriter may control the composition, while a label or recording owner commonly controls the recording, but confirm the actual owners and license terms rather than assuming one contact clears both (Copyright Office: Copyright and the Music Marketplace).
Public performance is a distinct right. Performing-rights organizations such as ASCAP, BMI, and SESAC license public performances of nondramatic musical works. That general role does not mean an organization’s license automatically clears a particular recording, audiovisual synchronization, platform, territory, or use. The Copyright Office’s study describes audiovisual, advertising, and derivative uses as generally licensed through direct negotiation with rights holders.
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Choose a lawful route for the exact use
Get permission or a license
Identify the composition and recording rights holders, then request permission for the use you plan to make. Specify the media and platforms, territory, audience, duration, monetization or advertising, edits, and license term. Confirm in writing which rights are covered and keep the agreement and related records. The Copyright Office says that trying and failing to reach a rights holder does not substitute for permission (Copyright Office: What Musicians Should Know about Copyright).
Use public-domain music, after checking the recording too
A composition may be in the public domain while a newer recording of it remains protected. Check the status of each work you plan to use. The Copyright Office’s current guidance says works published in the United States before January 1, 1931 are currently in the public domain; this is a U.S.-specific, time-sensitive cutoff, not a rule for every country or every work (Copyright Office: What Is Copyright?).
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Use a copyright exception only if its requirements fit
In the United States, fair use is decided case by case by courts. The four factors are the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality used, and the effect on the work’s potential market. A transformative purpose can matter; commerciality is relevant but does not settle the question. Even a short excerpt can take the “heart” of a work, so no single factor or duration guarantees fair use (U.S. Copyright Office: Fair Use).
Commentary, criticism, research, teaching, and news reporting are examples often discussed in connection with fair use, not automatic safe harbors. YouTube likewise notes that courts decide fair-use questions based on the specific facts and that the law differs internationally (YouTube: Fair use on YouTube).
Use platform-library music within its stated terms
YouTube’s Audio Library is available in YouTube Studio, and YouTube describes its tracks as copyright-safe for use on YouTube. Some Creative Commons tracks require attribution. YouTube says it cannot provide legal guidance about using those tracks elsewhere, so check the track’s terms and do not assume the permission travels to another platform (YouTube Audio Library).
What to check before using a YouTube Creator Music track
As of October 8, 2026, YouTube’s Creator Music FAQ says the service is available to U.S. creators in the YouTube Partner Program, with expansion outside the United States pending. Options vary by track and may include a license or revenue sharing. A Creator Music license is a single-use synchronization license for the licensed music in a YouTube video, subject to the track’s terms; the FAQ says Creator Music does not support live content. Check the individual track’s current regions, monetization terms, and restrictions in YouTube Studio. This permission is not a license for a podcast, another platform, or other off-platform use (YouTube Creator Music FAQ).
Check the license against your planned release
Whether you are reviewing a direct license, platform library, or music-licensing service, match its written scope to the actual project. A “free” or “royalty-free” label alone does not establish that all required rights are covered. YouTube warns that third-party music may not include rights for YouTube use or monetization, and a Content ID claim may still occur (YouTube: Fair use on YouTube).
- Are both the composition and the specific recording cleared, where both are needed?
- Does the license cover the audiovisual format and each intended platform?
- Which territories, duration, and audience are covered?
- Are monetized videos, advertising, or other commercial uses allowed?
- Are edits, remixes, or synchronization subject to limits?
- Is attribution required, and if so, what wording or placement is specified?
- Does the permission cover live use, prerecorded use, or both?
- What does the agreement say to do if a rights claim is made?
Common beliefs that do not clear the music
- “I only used a few seconds.” The Copyright Office says there is no hard-and-fast minimum amount that can be used without permission when permission is needed (Copyright Office: What Musicians Should Know about Copyright).
- “I gave credit” or “I said no infringement was intended.” Credit and disclaimers do not grant permission or automatically make a use fair (YouTube: Fair use on YouTube).
- “I bought the song.” Buying a copy is not the same as owning the copyright or receiving permission to put the music in a new video. The relevant question is whether the new use is licensed or covered by an exception (Copyright Office: What Musicians Should Know about Copyright).
- “I couldn’t find the owner.” An unsuccessful search does not substitute for permission (Copyright Office: What Musicians Should Know about Copyright).
A practical clearance sequence for a documentary
- Define the use. Note the exact recording and excerpt, how it will appear, the platforms and territories, release duration, and whether the documentary will be monetized or used in advertising.
- Identify both works and their owners. Determine who controls the composition and the particular recording; do not assume one license covers both.
- Choose the route. Seek permissions that match the use, select a verified public-domain composition and recording, use a platform track within its terms, or assess whether a specific exception applies.
- Verify and retain the terms. Check restrictions on platform, territory, monetization, editing, attribution, live use, and duration. Save written permissions and track-specific terms with the project records.
- Do not treat a platform claim outcome as legal clearance. A claim or absence of a claim does not itself establish that every required right has been granted.
This is general U.S. information, not individualized legal advice. If the documentary depends on a particular commercial recording and the rights or fair-use basis is uncertain, consult a qualified copyright lawyer before release.
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