The Short Answer: Almost Every Song Is Copyrighted
If a song was written by a human being and is not explicitly in the public domain, it is copyrighted. Copyright in music is automatic upon creation and typically lasts for the life of the composer plus 70 years. This applies to both the musical composition (the melody, harmony, and lyrics) and the sound recording (the specific performance captured on tape or digitally).
The practical question is not "is this song copyrighted?" but rather "do I have the right to use this song, and will an automated system flag it?"
Understanding Music Copyright
Music copyright has two layers:
1. Composition copyright -- Owned by the songwriter(s) and their publisher. Covers the melody, lyrics, and harmonic structure. Managed by performing rights organizations (PROs) like ASCAP, BMI, and SESAC. 2. Sound recording copyright -- Owned by the performer(s) and their record label. Covers the specific recorded performance. Usually denoted with the (P) symbol.
To legally use a song in a video, you may need licenses from both the composition owner and the recording owner, depending on how you use it.
Method 1: Search PRO Databases
The performing rights organizations maintain searchable databases of registered compositions:
If a song appears in any of these databases, it is copyrighted and you need a license to use it. The database entries also tell you who the publisher is, which is who you contact for licensing.
Pros: Authoritative and free to search.
Cons: Not all songs are registered with a PRO. Independent artists may not be affiliated. Also, these databases cover composition rights, not recording rights.
Method 2: YouTube Content ID Pre-Check
YouTube creators have developed a practical workaround:
1. Upload a video with the song to YouTube as a private or unlisted video. 2. Wait a few minutes for Content ID to process. 3. Check YouTube Studio for any copyright claims. 4. If no claims appear, the song is likely safe to use on YouTube (but not necessarily on other platforms).
Pros: Directly tests against the system that will actually enforce claims on your video.
Cons: Only covers YouTube. A song that passes Content ID may still be copyrighted and enforced on TikTok, Instagram, or other platforms. Also, Content ID only covers works whose owners have enrolled, not all copyrighted music.
Method 3: Use Shazam or AudD
Audio recognition services can identify commercial recordings:
Pros: Fast and covers a large catalog of commercially released music.
Cons: Does not cover independent or unreleased music. Also, identification is not the same as licensing -- knowing the song title does not tell you whether you have the right to use it.
Method 4: Check YouTube's Audio Library
YouTube provides a free music library for creators:
If you use music from these sources, you can be confident that Content ID will not flag your video (as long as you follow the license terms).
Method 5: Sound Trademarks
A growing area of IP protection is sound trademarks. These are short audio signatures registered as trademarks, like the Intel chime, the NBC chimes, or the MGM lion's roar. Using a sound trademark without permission in a commercial context can constitute trademark infringement, even if the audio is only a few seconds long.
The USPTO maintains a searchable database of registered trademarks, including sound marks. You can search at tmsearch.uspto.gov and filter by mark type.
Method 6: AI Audio Fingerprinting with Mixpeek
For organizations that process large volumes of audio or video content, manual checking is not scalable. Mixpeek's audio fingerprinting technology provides automated detection:
How Audio Fingerprinting Works
1. A reference audio file is analyzed to extract a compact "fingerprint" -- a mathematical representation of the audio's spectral characteristics. 2. The fingerprint is stored in a searchable index. 3. When new content arrives, its audio is fingerprinted and compared against the reference index. 4. Matches are returned with confidence scores, even when the audio has been modified (pitch-shifted, time-stretched, mixed, or compressed).
Using Mixpeek for Audio Copyright Detection
1. Upload your reference library of protected audio (licensed music, sound trademarks, jingles) to a Mixpeek namespace. 2. Configure a collection with the audio fingerprint extractor. 3. When new content arrives, submit it via API. 4. Mixpeek extracts the audio, generates fingerprints, and searches against your reference library. 5. Any matches above your confidence threshold are flagged for review.
This approach catches not just exact copies but also modified versions -- a song that has been sped up, pitch-shifted, or mixed with other audio will still be detected.
Safe Sources for YouTube Music
If you want to avoid copyright issues entirely, use music from these sources:
Key Takeaways
Check your audio content automatically at copyright.mixpeek.com.