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You may not simply use music in your YouTube videos or other content: music is also protected by copyright, and in the event of infringement, your video — or even your entire channel — will be taken offline. Therefore, use royalty-free music (such as the YouTube Audio Library), or arrange a license, for example through Buma/Stemra. Music is only free 70 years after the death of the longest-surviving creator.
You probably already knew that you are not allowed to simply copy and distribute video footage. Of course, uploading a homemade video of your house cat to YouTube is allowed. Where many go wrong is with audio: adding music to your video is not permitted without further ado.
Music and copyright
Music is also subject to copyright, which can be held by a composer, musician, record label, or even heirs — sometimes great-grandchildren still receive royalties. The rights are not always in one hand and apply not only to an entire song but also to short fragments and musical “building blocks”. This has implications for those who remix.
Lawsuits are being filed regarding those building blocks. For example, the heirs of the band Spirit claimed that Led Zeppelin had copied chords for the intro of Stairway to Heaven from the earlier song Taurus. The American judge ruled, based on sheet music (the jury was not heard the songs), that the differences were too great to constitute plagiarism.
Origin and termination of copyright on music
Copyright does not need to be registered: it arises automatically, for both the lyrics and the composition, provided the requirements are met. Nevertheless, registration in the i-Depot is recommended, as it allows you to easily prove that you were the first.
Copyright does not last forever: the general rule is that it expires 70 years after the death of the longest-surviving creator, after which the music enters the public domain and you may use it freely from January 1 of the following year. For example, the work of Sergei Rachmaninov (died 1943) has been free since January 1, 2014; for Elvis Presley, you have to wait until 2048, and for David Bowie until 2087. Please note: the duration of protection varies by country — in many Asian countries, it is shorter than in Europe.
How do I safely use music in my videos?
Do not simply place a random song under your video. The easiest solution is YouTube's audio library of free songs (sometimes you are required to credit the creator, which will be clearly indicated). If you still wish to use a protected song, enter into a licensing agreement. For well-known music, you do not need to search for the rights holder yourself: you purchase a license from Buma/Stemra. Do ensure that the license aligns with the intended use.
Frequently Asked Questions
Am I allowed to use popular music in my YouTube video?
Not without permission. The music is protected by copyright; in the event of infringement, the video or channel will be taken offline. Use royalty-free music or obtain a license.
When is music royalty-free?
Music only enters the public domain 70 years after the death of the longest-surviving creator. From January 1 of the following year, you may use it freely. Please note that time limits vary by country.
Where do I buy a music license?
For well-known music, you can contact Buma/Stemra. Ensure that the license matches your type of use (for example, online video or commercial use).
Questions about music and copyright?
The copyright specialists at MKB Juristen draft or review your license agreement. Schedule a free intake consultation .
