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Can you use copyrighted music on Facebook?

Can you use copyrighted music on Facebook?

With over 2 billion monthly active users, Facebook is one of the most popular social media platforms for sharing photos, videos, and other content. Many users like to add music to their Facebook posts to make them more engaging. However, due to copyright restrictions, you cannot legally use just any song in your Facebook videos or other content. Understanding Facebook’s policies around copyrighted music is important to avoid penalties.

What does copyright protect?

Copyright law grants the creators of original works, like songs, exclusive rights to determine how their works are reproduced and distributed. This gives the copyright owner control over:

  • Copying the work
  • Distributing copies of the work
  • Publicly performing the work
  • Making derivative works, like remixes or samples

Songs, instrumental music, lyrics, and more are protected by copyright from the moment they are created. Even cover songs require permission from the original rights holders unless they fall under “fair use” exceptions.

What rights do you need to use a song on Facebook?

To legally use copyrighted music on Facebook, you need to have the appropriate licenses from the rights holders. This often requires getting permission for:

  • Synchronization (sync) rights – To combine music with visuals, like in a video
  • Master recording rights – To use the specific studio recording of a song
  • Publishing rights – To use the underlying musical composition

With master recording rights, you can only use that specific recording of the song, not make your own cover version. Publishing rights allow you to make your own recording, but not use the original artist’s.

How can you get permission to use music on Facebook?

Here are some ways to get permission to use copyrighted songs on Facebook legally:

  • Directly contact the artist, songwriter, or record label to license a song
  • Use music from free-to-use libraries like Free Music Archive or CC Mixter
  • Use music under Creative Commons licenses that allow commercial use
  • Purchase royalty-free music from stock music sites
  • Use music you created yourself

Stock music sites like AudioJungle, Envato, and Pond5 allow you to purchase licenses for songs to use in commercial or creative projects. Just be sure to closely review the license terms.

Does Facebook have a music library?

Yes, Facebook offers some pre-licensed music tracks you can use in videos and other content free of charge, with certain restrictions. This includes:

  • Rights-cleared production music for videos
  • Sound Collection library for videos and Stories
  • Licensed music stickers for Stories

The music tracks can only be used on Facebook or Instagram and must follow the platforms’ community standards and other rules. The licenses are non-transferable, so you cannot repurpose the music outside of those apps.

What are the consequences of using unlicensed music?

Uploading copyrighted songs without permission on Facebook can lead to penalties like:

  • Your post or video being taken down
  • Copyright strikes against your account
  • Having your account suspended or banned
  • Potential lawsuits from rights holders

Facebook’s Terms of Service require compliance with copyright and intellectual property laws. The platform uses automated systems to detect unauthorized uses of copyrighted content, in addition to reports from music owners.

How to avoid music copyright issues on Facebook

Follow these tips to steer clear of legal troubles when adding music to your Facebook presence:

  • Only upload original music you created or have explicit rights to use
  • Use music from Facebook’s free libraries when possible
  • Credit music creators and rights holders
  • If unsure about usage rights, avoid the song altogether
  • Don’t use full-length songs without permission
  • Dispute invalid copyright claims if your content is removed

Being thoughtful about song selection and proactive about licensing will help minimize problems. Seeking legal guidance can provide clarity if you have additional questions.

Fair use exceptions

In some cases, you may be able to dispute copyright claims under “fair use” principles. Fair use allows limited use of copyrighted works without permission for purposes like commentary, criticism, news reporting, and education. To qualify as fair use, factors considered include:

  • The purpose and character of the use
  • The nature of the copyrighted work
  • The amount used in relation to the full work
  • The potential market effect on the copyright owner

Fair use is determined case by case. Examples could include:

  • Quoting lyrics briefly in a review
  • Including a short clip in a journalistic report
  • Parodying elements of a song

Relying on fair use can be risky. It is not a surefire defense against infringement claims. The best approach is being thoughtful about using only appropriately licensed music in your Facebook posts.

Special rules for cover songs

Creating cover versions of copyrighted songs requires permission just like any other use. However, there are some exceptions for covers used in user-generated content online based on terms negotiated between platforms and music rights holders.

For instance, Facebook’s Rights Manager tool gives users the ability to perform and share live cover videos during a broadcast and have those performances remain on Facebook after the live broadcast ends.

To qualify, cover videos on Facebook must:

  • Be at least 60 seconds long
  • Not use multi-performer synchronization
  • Include audio and video performed together live

These rules allow users more flexibility in tapping into music culture on the platform. However, normal copyright restrictions apply in most other contexts.

Obtaining proper music licenses

If you want to commercially release cover songs, remixes, or other derivative works with music, you need to obtain what are known as “mechanical licenses.” These licenses allow you to legally reproduce and distribute copyrighted compositions.

You obtain mechanical licenses by applying and paying a royalty rate set by law. Rates are based factors like duration and distribution. platforms like Loudr.fm provide a way for musicians and labels to quickly obtain mechanical licenses for covers.

How Facebook detects unauthorized music

Facebook employs a few technical methods to identify unauthorized uses of copyrighted music in videos, posts, Stories, and elsewhere on the platform:

  • Content matching – Comparing audio or visual fingerprints against a database of licensed content
  • Rights ownership matching – Identifying content owned by labels, publishers, etc. through metadata
  • Repeat infringement monitoring – Watching for serial offenders through pattern recognition

Facebook also relies on music creators and publishers to report potential infringement of songs they own. Pages with multiple violations risk increasingly severe account restrictions or termination.

Disputing invalid copyright claims

Sometimes, Facebook’s copyright detection tools may flag your content improperly. Reasons this can happen include:

  • You have permission or rights to use the music
  • You are protected by fair use exemptions
  • The matched content is misidentified
  • The claim comes from an illegitimate or false rights holder

If you believe your video or account was mistakenly flagged, you can dispute copyright claims through Facebook Rights Manager. Explain why you believe the content was removed in error and request reinstatement.

Providing proof like licensing documentation can help. If your dispute is rejected, you may be able to request an additional review or pursue legal action.

Strategies for using music legally on social media

Navigating music copyrights on Facebook and other platforms can seem daunting. Here are some tips for smart ways to incorporate music:

  • Use short clips of songs strategically, not full tracks
  • Dig into Creative Commons and public domain music
  • Credit music and artists properly
  • Mute video soundtracks and add your own legal music
  • Pay close attention to platform-specific rules

See what usage other successful creators rely on, like memes and remix culture. Enhancing your brand with music can be done legally when you put in the work to respect artists’ rights.

Conclusion

Using copyrighted music on Facebook is risky without the proper licenses and permissions. While Facebook offers some tracks to use, the safest bets are stick to original music, Creative Commons resources, royalty-free songs, and your own creations. Stay vigilant about copyright to avoid any issues down the road, and dispute invalid claims as needed. With some common sense and preparation, you can add amazing music to your Facebook presence safely and legally.