Playing copyrighted music on YouTube without permission can get your video taken down due to copyright infringement. However, there are some limitations on how aggressively copyright holders can enforce their rights that may allow you to play short segments under fair use. Here’s a quick overview of the rules around using copyrighted songs on YouTube.
Fair Use on YouTube
YouTube’s fair use policy allows the use of copyrighted material without permission under certain conditions. This includes using short portions of songs for purposes like commentary, criticism, news reporting, teaching, or research. Generally, the shorter the clip the more likely it will be considered fair use. But even short clips can still get flagged if the copyright holder chooses to assert their rights.
Factors that help determine fair use
- Length of the copyrighted work used – shorter clips are more likely to be fair use
- Purpose of your video – news, education, commentary etc. are more protected
- Nature of the copyrighted work – using clips from published songs is less protected than unpublished works
- Effect on the market for the original work – does your use act as a market substitute and hurt sales?
YouTube’s Tools for Copyright Holders
YouTube provides copyright holders with tools to identify and manage use of their content on the platform. This includes:
- Content ID – An automated system that identifies copyrighted material and allows holders to block, monetize, or track usage.
- Copyright strike system – Copyright holders can issue strikes against channels that get 3 copyright strikes in 90 days will be terminated.
- Manual blocking – Rightsholders can manually flag videos for blocking worldwide.
So even if your use may qualify as fair, the copyright holder can still choose to block or monetize your video if they want to enforce their rights.
Guidelines for Using Songs on YouTube
There are no hard-and-fast rules, but here are some general guidelines for using songs on YouTube without getting a strike:
- Use 15-30 seconds or less of a song.
- Only use what you need – don’t loop sections unnecessarily.
- Credit the artist and song in your video description.
- Don’t use the “heart” of the song – intros/outros may be safer.
- Don’t use the full chorus if you can avoid it.
- Comment on the song, don’t just play it in the background.
- Avoid newly released popular songs that are aggressively monitored.
- Don’t monetize videos with copyrighted songs – this reduces fair use claims.
- Song parodies may have more protections but proceed with caution.
Strategies to Avoid Copyright Problems
If you want to avoid copyright issues altogether, here are some options:
- Use royalty-free music or songs under Creative Commons licenses.
- Pay for a synchronization license from the publisher.
- Use public domain classical/traditional music.
- Commission an original composition.
- Use YouTube’s audio library of licensed music.
- Collaborate directly with unsigned artists.
- Dispute claims if you believe your use qualifies as fair use.
Potential Consequences of Copyright Violations
If you ignore copyright law on YouTube, here’s what can happen:
- Your video can get blocked worldwide.
- You may get copyright strikes against your channel.
- Your channel can get terminated after 3 copyright strikes.
- YouTube may terminate your ability to monetize videos.
- You could face legal action like fines or lawsuits.
- Jail time is possible in criminal cases of willful infringement.
Fair Use vs. Public Performance Licenses
Even if your use of a song qualifies as a fair use, you still need a public performance license if you are playing music publicly in a venue, livestream, radio station, etc. So fair use only provides protections on certain platforms like YouTube, it does not replace the need for a license in all cases.
Conclusion
There are no definitive rules for how much of a song you can use without permission on YouTube. The fair use doctrine provides some protections if you only use short portions, but copyright holders still have broad abilities to assert their rights. Your best options are to only use small clips responsibly, avoid the most popular new songs, and dispute any unfair claims. But getting permission or using royalty-free music is the only way to truly avoid copyright risks.