How to Check If a Song Is Copyrighted

Music is a powerful form of expression, but it’s also a creative work protected by copyright law in most parts of the world. Whether you're planning to use a song for a video, podcast, live performance, or social media post, it’s crucial to determine whether the song is copyrighted to avoid legal issues, unexpected takedowns, or infringements. This copyright guide walks you through the process step by step to ensure you're legally compliant.

What Does It Mean for a Song to Be Copyrighted?

Copyright is a legal protection granted to the creator of an original work, such as a song, giving them exclusive rights to control its use, distribution, and reproduction. Here's what you need to know:

• Copyright applies automatically once a song is created and fixed in a tangible form (e.g., recorded or written down).
• Protection typically lasts for the creator’s lifetime + 50–70 years (varies by country).
• Public domain works and songs under licenses like Creative Commons are exceptions to copyright.

How to Check if a Song is Copyrighted

Follow these simple steps to determine if a song is copyrighted and avoid legal issues when using it in your projects.

Step 1: Identify the Song and Its Creator

Before you can determine if a song is copyrighted, gather basic information about it:

• Title: Exact name of the song.
• Artist: The performer(s) or band.
• Songwriter/Composer: The lyricist or composer (may differ from the performer).
• Release Date: When the song was first published or recorded.

Sources: Streaming platforms (Spotify, YouTube), album notes, or music databases.

Step 2: Check the Public Domain Status

Research Copyright Duration:

• In the U.S., works published before 1923 are public domain as of 2025.
• In the EU, copyright expires 70 years after the creator’s death.

Use Public Domain Databases: The following databases may also contain information about the song's copyright status:

• Public Domain Information Project (pdinfo.com)
• U.S. Copyright Office (copyright.gov)

Example: Beethoven’s Moonlight Sonata (1802) is public domain, but modern recordings may still have performance rights.

Step 3: Look for Licensing Information

Check these sources for licensing information or indications of copyright status:

• Streaming Platforms: SoundCloud, Bandcamp (look for Creative Commons licenses).
• Artist’s Website/Social Media: Independent artists often clarify usage terms.
• Royalty-Free Music Libraries:
  • Free Music Archive
  • YouTube Audio Library
  • Epidemic Sound

Assume a song is copyrighted unless explicitly labeled as public domain or available under a Creative Commons license.

Step 4: Search Copyright Databases

Official Copyright Databases:

• U.S. Copyright Office: Search database
• Performing Rights Organizations (PROs):
  • ASCAP
  • BMI
  • SESAC

International Databases:

• PRS for Music (UK)
• SACEM (France)
• GEMA (Germany)

Step 5: Analyze the Song’s Usage Context

Consider the context of how you intend to use the song:

• Fair Use (U.S.): Limited use for education, commentary, or parody may be allowed under fair use (consult a lawyer).
• Licensing: Contact the copyright holder (publisher or PRO) for permission. This often requires a licensing fee, depending on the intended usage.

Step 6: Use Technology to Double-Check

Leverage technology tools to verify the copyright status of a song:

• YouTube Content ID: Upload a private video with the song—YouTube will flag copyrighted content.
• Recognition Tools:
  • Shazam
  • TuneFind
  • Musixmatch

Step 7: Contact the Copyright Holder

If you're still unsure, contact the copyright holder directly:

• Find the publisher/label via PRO databases or album credits.
• Send a detailed inquiry about your intended use and seek permission.

Quick Tips to Avoid Copyright Issues

• Assume It’s Copyrighted: Especially for recent or commercially released songs.
• Use Royalty-Free Music: Explore platforms like Epidemic Sound or Free Music Archive.
• Document Your Research: Keep records of your copyright checks in case of disputes.

In summary, checking if a song is copyrighted involves verifying its details, exploring its public domain status, consulting databases, and using technology tools like YouTube’s Content ID. When in doubt, seek permission or use royalty-free alternatives to avoid potential copyright infringements. Respecting copyright ensures legal compliance and supports creators’ rights.