Do I have to say I don't own the rights to this music?

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Whether or not you need to explicitly state that you don’t own the rights to music you are using depends on the context and purpose of your video or other media. Here is a quick overview of when it may or may not be necessary to include a copyright disclaimer:

If you are using copyrighted music in a monetized YouTube video, you must have the proper synchronization licenses from the rights holders. A disclaimer in the video description is not sufficient.
If you are using copyrighted music in a video that is not monetized, including a disclaimer may help protect you against copyright claims, but does not remove the need to have permission if required by the rights holders.

If you have licensed the music through a stock music site or have written confirmation from the artist that you can use their music, a disclaimer is generally not needed.
For videos that fall under fair use provisions, like commentary or parody, a disclaimer helps demonstrate that you are making a good faith effort to properly attribute the content.

So in summary, while disclaimers don’t substitute for getting actual permission, they can be a useful way to acknowledge copyright and attribution – especially for videos where monetization and licensing may be unclear. When in doubt, do your research and reach out to the rights holders directly.

When You Need Synchronization Licenses

If you plan on monetizing a video that includes copyrighted music on platforms like YouTube or Facebook, you need to have the proper sync licenses in place. A sync license allows you to use the music in “synchronization” with visual media and earn money from that media.

There are several major considerations around sync licensing:

YouTube’s Content ID system will likely catch copyrighted songs, mute them, and allow the rights holder to monetize your video – even if you don’t make any money.

Songs administered by music publishing companies like Sony/ATV or Universal Music Publishing Group require you to go through the proper channels to license the sync rights.
For songs not administered by major publishers, you may be able to reach out to artists directly, but it depends on their own agreements.
Fair use provisions don’t apply to monetized videos, so commentary, review or parody videos still need proper licensing.

The safest option is to use music from stock music sites like PremiumBeat or Artlist which license songs specifically for use in online videos and other projects. This is also the most affordable route for most video creators.

If you do want to use popular commercial music, services like Lickd.co or Easy Song Licensing can help you navigate the licensing process, though fees may be prohibitive for many creators.

The key point is that when monetizing videos through ad revenue sharing or other commercial means, you must have the appropriate rights in place or risk YouTube muting your audio, blocking the video entirely, or even receiving a copyright strike. A disclaimer won’t override the need for proper sync licensing.

YouTube’s Sync Licensing Requirements

YouTube provides comprehensive information on their sync licensing requirements and processes in their Copyright Center. Here are some key facts:

All videos on YouTube are scanned for unauthorized audio content through Content ID. Even if you don’t monetize a video, it may get flagged.
If found, the content owner has the option to mute or block the audio, have ads run on the video to monetize it themselves, or even have the full video taken down.

Uploading “cover song” videos also requires appropriate licensing, such as through YouTube’s Cover Song Center.
Videos that fall under fair use like commentary and parody may avoid muting, but still often end up running ads for the music owner.

While requirements around monetized videos are strict, YouTube states that “simply having a song playing in the background of your home video” is typically fine. But once commercial use comes into play, proper sync licensing must be obtained.

When a Disclaimer May Be Sufficient

For videos and other media where monetization is not a factor, including a copyright disclaimer may provide reasonable protection and attribution. Here are some cases where a simple verbal or written disclaimer could be appropriate:

Student films or other independent creative projects shared non-commercially.
Personal wedding or vacation videos.

Non-monetized covers of copyrighted songs, as long as sync licensing does not apply.
Background music in vlogs or podcasts with minimal viewership or promotion.
Videos that may fall under “fair use” protections, like commentary, review or parody.

In these contexts, stating something like “I do not own the rights to this music” or “Audio used under fair use exception” demonstrates an attempt to follow copyright laws. However, it does not waive the need to obtain permission or licensing if required by the specific rights holders.

Some best practices for disclaimers include:

Putting them in the audio & video description of online videos.

Including credits in the video or media itself when feasible.
Using the song titles, artists names, and copyright dates if available.
Stating the nature of the use, like “commentary” or “noncommercial project”.

While certainly not as protective as proper licensing, thoughtful copyright disclaimers show creators are making a reasonable effort to respect rights holders’ interests and follow fair use practices.

When Permission Is Required

There are some contexts where you absolutely need to obtain permission and licensing to use copyrighted music, regardless of whether monetization is involved.

Public performances – Anytime music is performed publicly, like at an event, restaurant or store, licenses are required.

TV & film productions – Sync licenses are always required for scripted shows and movies, even on a nonprofit or independent level.
Music recordings & remixes – Master use licenses are needed for sampling or remixing existing recordings, even just a few seconds.
Games & software – Special licenses are required to use music in any commercial or nonprofit games, apps or other software.

Rights holders like labels, publishers, and PROs strictly enforce policies around these public, broadcast and derivative uses. Disclaimers will provide no protection against copyright claims or lawsuits. Written permission must be obtained.

Stock music that explicitly allows certain commercial applications provides an affordable option for productions needing proper licensing. Creative Commons-licensed music works for projects allowing open sharing and remixing.

But for most major label songs heard on the radio, on TV or online, their use in films, games or performances nearly always requires contacting the publisher and paying the customary licensing fees. There are few exceptions or exemptions when music is central to a project instead of just background accompaniment.

Summary

To recap when disclaimers are appropriate versus when full licensing is required:

Disclaimer Usually Sufficient	License Always Required
Non-monetized online videos	Monetized online videos
Independent creative projects	TV, film & video productions
Personal/home movies	Games, apps & software
Background music in podcasts	Music recordings & remixes
Fair use commentary/parody	Public performances

While not a replacement for proper licensing, copyright disclaimers demonstrate a creator’s intent to follow laws and fairly acknowledge content ownership. For informal, noncommercial uses this can provide reasonable protection. But for any project reaching a wide audience or generating revenue, music licensing should be secured. When unsure, researching a song’s copyright status and contacting its rights holders directly is the safest approach.

Best Practices for Copyright Disclaimers

For situations where a copyright disclaimer is appropriate, here are some specific best practices to follow:

Place disclaimers prominently both in written descriptions and in the audio/video content itself.
Disclose the titles, artists, composers and copyright dates of each copyrighted song used.
Explicitly state your lack of ownership over the music and nature of usage, e.g. “noncommercial reproduction” or “for commentary purposes”.

Avoid overly broad disclaimers that could imply you claim no ownership over any of the content.
Consult an attorney if unsure whether your use of a song requires a full license vs. just a disclaimer.

Here are examples of clear, specific disclaimer language to use as a guide:

“The song ‘Crazy’ by Gnarls Barkley (2006) is reproduced in this home video under fair use provisions for noncommercial personal use.”
“I do not own the rights to ‘Lose Yourself’ by Eminem (2002) which appears in this critical commentary video essay under fair use doctrine.”
“‘Shake It Off’ by Taylor Swift (2014) included as short background music under noncommercial reuse guidelines.”

Avoid vague, catch-all disclaimers like “I don’t own any music used” or “All songs property of their respective owners”. While well-intentioned, these kinds of overly broad statements could backfire by implying you are not claiming ownership over any part of your video.

Specificity, accuracy and honesty are key principles for effective copyright disclaimers on digital media. They help demonstrate a creator’s good faith in providing proper attribution and respecting music rights holders’ interests and legal protections.

Fair Use Standards for Music

For individuals looking to use copyrighted music without needing to license it fully, fair use provisions provide important exemptions in some contexts. However, these protections are limited. Fair use does not allow unrestricted reproduction of songs.

Here are key standards the law sets around fair use of music:

The use has to be sufficiently “transformative”, like parody, commentary, scholarship or critique.
Only a very short portion of the song can be used, a few seconds at most.

It cannot negatively impact the commercial value of the original work.
Proper attribution must still be provided.

Fair use is determined on a case by case basis. While helpful for things like short movie/song reviews, it does not allow reproduction of entire songs in cover videos or other contexts. Creators should be careful about relying too heavily on fair use standards and consult attorneys if unsure.

Some examples of potentially fair use of music include:

Quoting a single music line while reviewing an artist’s career.
Parodying a song’s lyrics for comedic effect.

Sampling a few notes during an academic analysis of musical techniques.
Using a song clip as part of a larger transformative collage artwork.

But reproducing entire songs as background audio or covers, even if not monetized, will still fall outside fair use protections in most cases. Relying just on a disclaimer is not advisable without permission. As always,your safest option is licensing music properly for the context of use.

Consequences for Copyright Infringement

Using copyrighted music without proper permission, licensing or attribution can lead to serious legal consequences. Here are potential outcomes if you fail to follow copyright laws:

YouTube muting or blocking your videos, denying you any ad revenue.
Channels being removed through multiple copyright strikes.

Formal takedown notices being sent by publishers or PROs.
Multi-thousand dollar fines from the RIAA or other trade groups.
Lawsuits from rights holders resulting in damages and legal costs.

Injunctions forcing you to halt any further distribution.

While most disputes happen over monetized videos or major broadcast productions, even non-profit projects using unlicensed music can face stiff penalties if significant or public enough.

Proactively researching songs, contacting rights holders, and obtaining needed licenses protects you from potentially severe consequences down the road. Despite some gray areas and fair use provisions, copyright law overall favors rights holders – so their permission is ideal whenever possible.

And if licensing costs are prohibitive for your project, public domain music and affordable stock music exist as more accessible options. While not as mainstream perhaps, they enable you to showcase your creativity legally.

Licensing Platforms for Legal Music Use

Rather than struggle to identify who owns song rights and how to contact them, these stock music licensing platforms provide pre-cleared, affordable songs:

PremiumBeat – Over 100,000 studio-quality instrumentals starting at $49. Comprehensive library across genres. Ideal for YouTubers & video creators.

Artlist – Curated catalog of high-quality songs starting at $199/year. Great for podcasters & online video producers.

Epidemic Sound – 30,000+ song collection with monthly subscription plans as low as $12/month. Made for YouTube & social media.

Storyblocks – Audio assets starting at just $29, bundled into flexible membership plans. Good variety of music styles.

AudioJungle – Marketplace with music & sound effects for sale from $1. Curated electronic and pop song catalog.

These lower cost options legally provide the soundtrack for your online videos, games, podcasts and other media projects. Avoid legal risks and support musicians by using licensed music wisely.

Conclusion

To summarize key lessons on properly using copyrighted music:

Sync licenses are always required to monetize videos with commercial music.
Disclaimers may reasonably protect personal, noncommercial projects.
Public use and broadcast projects require licenses regardless.

Fair use provisions only allow brief excerpts in transformative contexts.
Royalty-free stock music avoids most licensing issues.

While the law provides limited exceptions like fair use, the best way to safely integrate music in your work is obtaining proper permission whenever feasible. Be sure to allow adequate time and budget when licensing popular songs from major rightsholders.

For informal videos or amateur creations, thoughtful copyright disclaimers help demonstrate your good faith intent to follow the rules. But leave yourself plenty of margin for error when relying on exceptions rather than explicit approval.

Ultimately, show respect for musicians by properly licensing or attributing their work. This encourages future creative collaboration that benefits everyone involved.