How to Legally Use Copyrighted Music on YouTube
As both a lawyer and a content creator, I get it. Nothing kills the vibe of a perfectly edited video faster than YouTube slapping it with a copyright claim. You’re out here trying to create something epic, and suddenly the algorithm’s like, “Nice try, but Taylor Swift doesn’t work for free.”
So, you’re editing your video. Maybe a travel vlog with sweeping drone shots or a slow-motion cake decorating masterpiece, and you know the perfect song to set the mood. Maybe it’s Beyoncé. Maybe it’s something from the Rocky soundtrack. Either way, it’s copyrighted.
And that means trouble.
Because on YouTube, if you use copyrighted music without permission, your video could be muted, blocked, demonetized, or taken down entirely.
But wait, this doesn’t mean music is off-limits. You can use music legally on YouTube. You just need to do it the right way. And yes, there is a right way. Let’s break it down step by step, plain and simple.
Legal Disclaimer: This post is for educational purposes only and does not constitute legal advice. Read full disclaimers.
1. You Need a License (And Usually Two)
If you want to use a copyrighted song in your video, you usually need permission in the form of a license. This isn’t just a “go-ahead”, it’s a legal agreement.
In fact, there are usually two licenses involved:
- Sync license – lets you pair the music with your video. Think: syncing the beat to your montage.
- Master license – covers the actual recording, meaning the specific version of the song you want to use.
Let’s say you want to use “Bohemian Rhapsody.” You’d need permission from:
- The music publisher (who controls the songwriting rights), and
- The record label (who owns Queen’s original recording)
Getting both of these can be expensive and complicated, especially with major-label artists.
2. Use a Music Library That Already Has the Rights
This is the easiest and most popular route for creators.
Services like Epidemic Sound, Artlist, Soundstripe, and others offer pre-cleared music. That means they’ve already done the licensing work. You just pay a subscription fee, and you can use the music in your YouTube videos legally.
These platforms often give you:
- Both the sync and master rights
- Commercial use rights (yes, even if your channel is monetized)
- A license you can download in case YouTube ever asks for proof
Also, YouTube has its own YouTube Audio Library. Some tracks are totally free to use, and some require attribution (like crediting the artist in your description). These are safe, copyright-clean options.
Just don’t assume “found it online = free to use.” That’s like assuming any dog in the park is adoptable.
3. Ask for Permission Directly (Yes, You Can Try)
If you’ve got your heart set on a specific song, maybe something lesser-known or indie, you can try contacting the rights holders directly.
You’ll need to figure out:
- Who owns the rights to the song (the publisher) and
- Who owns the rights to the specific recording (the label)
For indie artists, sometimes it’s just one person or team who handles both. You can ask if they’ll grant you a license. Just be polite, explain how you’re using the song, and be clear about where it will be published (like YouTube).
And get it in writing. An email agreement is fine. A casual comment or a thumbs-up emoji on Instagram? Not so much.
4. Look for Creative Commons Music (But Read the Fine Print)
Some musicians allow their work to be used for free under what’s called a Creative Commons license. This is a type of open license that allows use under certain conditions.
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The most common ones include:
- CC BY – you can use the music if you credit the creator
- CC BY-NC – same, but for non-commercial use only (so if you run ads or sell merch, it’s off-limits)
- CC0 – completely royalty-free, no credit needed (rare, but awesome)
Always check the source. Not every “free music” website is trustworthy. Stick with sites like:
5. Music Fair Use Isn’t a Get-Out-of-Jail-Free Card
Let’s talk about music fair use. It’s a legal concept that sometimes allows you to use copyrighted material without permission.
YouTube creators often hope their video qualifies. But the truth is: music fair use is tricky and limited.
It might apply if:
- You’re reviewing or critiquing the song
- You’re using a short clip for commentary or parody
- You’re transforming the music in a meaningful way (not just slapping it in the background)
But even then, music fair use is a legal defense, not automatic protection. That means:
- You can still get hit with a copyright claim or strike
- YouTube might remove your video before you can even make your case
So unless you’re doing something clearly transformative, don’t count on music fair use to save you.
6. What Happens If You Use a Copyrighted Song Anyway?
Let’s say you upload a video with copyrighted music, and don’t have a license.
Here’s what might happen:
- YouTube’s Content ID system scans your video and matches the song
- The copyright owner (like the label or publisher) gets notified
- They can choose to:
- Mute your video
- Block it entirely, either in certain countries or worldwide
- Monetize it by placing ads on your video and collecting the revenue
And if they don’t like what you’ve done, they can issue a copyright strike. Get three of those and your entire channel can be deleted. Poof.
So yes, using copyrighted music without permission is a bit like playing with fire with gasoline mittens.
Your Legal Cheat Sheet
Here’s your cheat sheet for using music the right way on YouTube:
✅ Want to use that song legally? License it
✅ Want great music without the headache? Use a music library
✅ Have a specific track in mind? Ask the rights holders
✅ Want free music? Stick to reputable Creative Commons sources
✅ Think it might be music fair use? Be very careful
❌ Want to risk your channel? Don’t use music you don’t have the rights to
Read More About Copyright, Music, and Fair Use
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