Music has the ability to capture people’s attention. Whether it is the new viral hit of the week, a classic, or an unknown gem. Content creators know this all too well when choosing the right song to marry with their content, products or services to market and advertise on YouTube. YouTube has millions of daily active users, making it an attractive platform for brand promotion. But how can content creators ensure that they are not putting themselves at risk when using third-party copyright protected music?

A song can be separated into two parts (1) the sound recording (the sound that you hear), and (2) the musical composition (lyrics and score). Generally, permission from the owner(s) of the sound recording and the musical composition must be sought in order to use a copyright protected song in association with video content. The two licenses that are associated with such uses are called a master license and a synchronization (“synch”) license. If the required licenses are not obtained and you use a copyright protected song in association with your audiovisual content, you may be flagged by YouTube for copyright infringement.

The owner of the sound recording may be a record label or the artist(s) who recorded the song. A master license allows you to use the sound recording in association with your video content. The owner of the musical composition may be the songwriter(s) or the publisher. A synch license allows you to use the musical composition that is in the sound recording.

The different parts of a song may require that content creators locate and seek permission from more than one owner. For sound recordings, one suggestion would be to reach out to the record label who may own the sound recording. If the record company does not own the sound recording, another option would be to reach out to the artist(s), or their management for permission to use their song. On the musical composition side, reaching out to performing rights organizations like ASCAP or BMI could be the first step.

Lastly, while popular music may be the preferred option for some, there is also the option to use royalty free background music. This is generally music with no lyrics and can be obtained fairly easily via royalty free music library platforms.