Is Background Music Infringement Copyrighted? Navigating the Complexities of Background Sounds in Content Creation

Background music and sounds have become a ubiquitous part of content creation in various forms, from YouTube videos and podcasts to radio broadcasts and online live streams. However, the legal landscape surrounding these background sounds can be complex and nuanced. This article aims to demystify the issue of whether background music is copyrighted and what content creators need to consider to avoid infringement.

Understanding Copyrighted Background Sounds

When we talk about background music or sounds being copyrighted, we are referring to the legal rights assigned to these works. These rights typically lie with the creators or owners who hold the copyright. Copyright protection covers various forms of creative work, including music, sound recordings, and soundscapes. Infringement occurs when someone uses this copyrighted material without permission, often in the context of making a video or podcast.

Legal Responsibilities of Content Creators

Permission and Ownership

The golden rule in all content creation is to obtain permission from the copyright holder before using any copyrighted material. This rule applies to both commercial and non-commercial projects. For instance, if you want to use a popular song in your video, you must contact the copyright holder, typically a record label, and negotiate a license. Royalty-free music is a popular alternative, but even then, you need to ensure that you are using the music correctly and that you have the appropriate rights.

Public Domain and Creative Commons

There are exceptions to this rule, however. Music and sound that are in the public domain, such as classical music or compositions that are over 95 years old, do not require permission to use. Similarly, Creative Commons licensed music offers a range of permissions that can be used without seeking explicit permission, as long as certain guidelines are followed. These guidelines include giving credit to the original creator and, in some cases, providing a link to the music's Creative Commons page.

Practical Steps for Content Creators

Research and Evaluation

Before adding any background music or sounds, it is crucial to evaluate the legal status of the material. Start by identifying the original creator and the current copyright holder. For songs and sound pieces, services like ASCAP, BMI, and SESAC can be useful in identifying the copyright information. Online platforms like YouTube and Vimeo also provide tools to check copyright permissions.

Use Royalty-Free Music Services

Instead of seeking permission directly from the copyright holder, many content creators opt for royalty-free music services. These services offer a wide range of pre-approved tracks in various genres and styles at a one-time fee. Examples include Stockmusic and AudioJungle. However, even with these services, it is important to review the terms of use to ensure compliance.

Syndication and Distribution Platforms

If you are uploading your content to platforms like YouTube, it is essential to check the terms of service and content policies. Some platforms, such as YouTube, require copyright owners to sign up for the Content ID system. This allows them to assert their rights and claim any profits from their music being used in other videos. Content Creators must ensure their content does not trigger these systems and potentially become marked for removal.

Fair Use and Legal Defenses

While permission is generally required, there are instances where the use of copyrighted material can be considered fair use. Fair use is a legal doctrine that allows the limited use of copyrighted material without permission for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. However, the fair use doctrine is not a straightforward test and courts consider various factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market.

Conclusion

The legal landscape of background music and sound infringement can be intricate, but with proper research, evaluation, and compliance, content creators can navigate safely and ethically. Whether you choose to seek permission, use public domain or Creative Commons material, or rely on royalty-free music services, the key is to be conscious of the legal rights involved and to respect them.