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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitchesAssume a song is copyrighted unless you can verify a legal basis for using it. In the United States, copyright generally exists automatically when an original musical work or sound recording is fixed in a tangible form; registration and a copyright symbol are not required. There is no universal copyright checker. To assess a track, identify the exact song and recording, find the relevant rights holders, match the proposed use to a license or exception, and preserve evidence.
This guide is U.S.-focused. Public-domain status, licensing rules and exceptions can differ elsewhere.
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“Is it copyrighted?” is not the same as “Can I use it?”
A song can be copyrighted but licensed for one platform or purpose. Conversely, a video can avoid an automated claim and still use music without permission. These are separate questions:
- Will YouTube, TikTok or another service detect it?
- Can you put it in a documentary, podcast, livestream, advertisement or game?
- Can you monetize the project or use it for a client?
- Do you have permission for this recording, in this territory, for this duration?
Streaming availability, a free download, an unknown artist, an absent copyright symbol or a “no copyright” description does not answer those questions. Copyright generally begins when an original work is fixed, as explained by the U.S. Copyright Office.
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Understand the two copyrights in music
“The song” may contain at least two separate works:
| Right | What it covers | Typical permission question |
|---|---|---|
| Musical composition | Melody, harmony and lyrics | Who wrote or publishes it, and may it be synchronized with images? |
| Sound recording (master) | This particular recorded performance | Who owns this recording, and may it be copied or used in your production? |
| Synchronization | Pairing music with visual images | Does the license expressly cover video, film, documentary or advertising? |
| Mechanical or reproduction rights | Certain copying and distribution of a musical work | Does the intended release require reproduction rights? |
| Performance or communication rights | Broadcasting or publicly performing music | Are livestream, replay, podcast or event uses covered? |
A cover may avoid the original master but still uses the composition. A remix, mashup or sample may involve several compositions and recordings. The Copyright Office’s musicians’ guide explains why the permissions must be analyzed separately.
A practical copyright-checking workflow
1. Identify the exact track
Write down the title, artist, album or release, composer and lyricist, publisher, label, source URL, download date and the version you have. Note whether it is an original recording, cover, remix, edit, instrumental or sample. Record identifiers such as an ISRC for the recording and an ISWC where available. Music-recognition apps can help identify a track; they do not establish ownership or permission.
2. Read the actual license
Look for a license, not just “free,” “royalty-free” or “copyright-free” marketing. Confirm all of the following:
- Commercial, monetized, advertising and client work.
- Documentaries, podcasts, livestreams, games and each intended platform.
- Editing, looping, remixing and synchronization.
- Attribution wording and placement.
- Standalone redistribution restrictions.
- Territory, term and whether coverage continues after a subscription ends.
- Whether the license covers both the composition and recording.
- Content ID clearance, whitelisting and the process for handling a claim.
Save the license page as a PDF or screenshot, the receipt, attribution text and download date. “Royalty-free” normally describes a payment model; it does not mean copyright-free, and the seller must actually control the rights being licensed. A Creative Commons label is also a license: check its attribution, noncommercial, no-derivatives and ShareAlike conditions and verify that the uploader is authorized.
3. Search U.S. Copyright Office records
Use the Copyright Public Records portal. Its collections include registrations and recordations from 1978 onward, plus older catalogues and historical records. Search alternate titles and spellings, composers, performers, publishers, labels and claimants.
A record search shows registrations or recorded transfers; it is not a universal clearance certificate. Copyright does not generally require registration to arise. For U.S. works, registration or refusal is generally needed before an owner can bring an infringement action in federal court. The Copyright Office also says it does not maintain a definitive list of every public-domain song; an absent record is not proof that a track is free.
4. Check composition repertories
Search BMI Songview by title, performer, writer, publisher, BMI Work ID or ISWC. Songview combines ASCAP and BMI information and may show writers, publishers and ownership shares. You can also consult the ASCAP repertory.
Recommended Free Tools
These services help identify composition owners. They do not necessarily identify the master owner, clear synchronization or samples, confirm territory-specific rights, or grant permission.
5. Match every right to your intended use
For a documentary, for example, ask the publisher or licensing representative about synchronization of the composition and the label or recording owner about the master. Then confirm distribution territories, term, trailers, social clips, festivals, broadcast, streaming, advertising and archival use. A personal listening purchase, a client’s permission or a short-form app license should not be treated as a broader grant.
Platform checks: useful signals, not legal clearance
YouTube
For YouTube-only projects, open YouTube Studio → Audio Library and read the individual track’s conditions, including attribution. YouTube describes the library as a source of copyright-safe music and sound effects, but a track’s terms and platform limits control. Open YouTube Audio Library.
Creator Music is a separate Studio catalogue. Availability, pricing, regions, account eligibility and revenue-sharing terms vary by track. A license there may not cover a podcast, paid advertisement, film festival or another platform. Check YouTube’s current copyright-safe music guidance.
Content ID can place a claim, block a video or apply a monetization policy. A claim is a platform action, not necessarily a court finding; no claim may simply mean the song was not recognized, enrolled or detected. YouTube also cannot know that you bought rights elsewhere. Keep your documentation and dispute a claim only when your license or other legal basis supports the dispute.
TikTok, Instagram, Twitch and other services
Built-in music libraries commonly limit use to that service, certain account types, territories, formats or noncommercial activity. A sound permitted in a short social post may not be cleared for a documentary export, podcast, livestream replay or advertisement. Read the current terms for the exact account and feature.
Public domain and classical music
Public domain is jurisdiction-specific and must be assessed separately for the composition and recording. An old melody may be public domain while a modern orchestra, pianist or vocalist’s recording remains protected. An arrangement or adaptation may add rights. Use a verified public-domain recording or make your own, and document the basis for both conclusions.
Do not assume every pre-1972 U.S. recording is free. Historical rules differ, and the Music Modernization Act materials describe federal treatment and remedies for pre-1972 sound recordings in specified circumstances.
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Fair use, short excerpts and common myths
Fair use is a case-specific U.S. legal doctrine, not a pre-upload checker. Courts weigh:
- Purpose and character of the use.
- Nature of the copyrighted work.
- Amount and substantiality used.
- Effect on the potential market.
Music is highly creative, and a short excerpt can still contain the recognizable “heart” of a song. There is no automatic five-second, 30-second or percentage allowance; the Copyright Office FAQ confirms that no fixed number of notes, words or percentage is universally permitted. YouTube likewise warns that even short uses can trigger claims and says Content ID cannot decide fair use; see its fair-use guidance.
Quick Recap
- Giving credit does not create permission unless attribution is a license condition.
- Changing speed, pitch or adding effects does not remove copyright.
- Buying a song for personal listening does not buy synchronization or commercial rights.
- Background music is not automatically exempt; deliberate soundtrack use, incidental capture and music playing at an event can raise different facts.
- A permission message from an artist may be insufficient if that person does not control the composition, master or other required rights.
What to do after a claim
- Read the claimant, timestamps, policy and territories in the platform notice.
- Compare the claim with your saved license, receipt, attribution and correspondence.
- If your evidence clearly covers the use, follow the platform’s dispute process and state the specific permission.
- If you cannot prove coverage, mute, trim or replace the music rather than escalating a weak dispute.
- For a high-value documentary, advertising campaign or contested ownership, obtain advice from a qualified copyright lawyer or clearance professional.
Green, yellow and red decisions
| Category | Examples | Action |
|---|---|---|
| Green | You created both works; you have a written license covering this use; both composition and recording are verified public domain; or a commissioned track is assigned or licensed to you. | Use it while retaining the proof and any attribution. |
| Yellow | Royalty-free or Creative Commons track, stock subscription, cover, classical work, client-supplied file, social-library sound or unclear multi-owner record. | Investigate scope, ownership, territory and platform conditions before publishing. |
| Red | Commercial release from a major artist, random “no copyright” compilation, disputed ownership, excluded monetization or advertising, uncleared sample or a claimed track with no documentation. | Do not use without permission; replace or clear it. |
Safer alternatives when status is unclear
- Use music you wrote and recorded yourself.
- Commission an original track with a written assignment or detailed license.
- Use a verified public-domain composition with a verified public-domain or licensed recording.
- Choose YouTube Audio Library for a YouTube-only project when its track terms fit.
- Compare a reputable stock library’s personal, creator, commercial, client and advertising plans. For example, review live terms at Epidemic Sound and Artlist; do not assume a subscription covers uses outside the selected plan or after cancellation.
- For a famous song or specific recording, request synchronization and master-use permission from the authorized parties.
Final pre-publication checklist
- Exact title, version, performers and identifiers recorded.
- Composition owner and recording owner identified.
- License or public-domain basis saved.
- Video, podcast, livestream, advertising, client, territory and term all match the grant.
- Monetization, attribution, edits, clips and distribution outside the first platform checked.
- No unresolved samples, remixes or third-party material.
- Receipts, terms, correspondence and download dates preserved.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
