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How do I legally use music on Facebook?

How do I legally use 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 more. Many users like to add music to their Facebook posts to make them more engaging. However, there are copyright laws and Facebook policies that dictate how you can legally use music on the platform.

What are the Facebook policies on using music?

Facebook has specific Community Standards and Platform Policy that address using copyrighted music:

  • You must have the legal right to share any music you post.
  • You can only share short snippets of songs, usually 30 seconds or less.
  • You cannot circumvent any technological protection measures on the music file.
  • The music you share should directly relate to the point or purpose of your video or post.
  • You cannot use music in any monetized Facebook products like advertisement or Facebook Live videos.

If you do not follow these policies, Facebook may take down your post containing the infringing music. Repeated violations could even result in the suspension or termination of your account.

How does copyright law apply to music on social media?

In addition to Facebook’s policies, you must follow copyright law when sharing music. The primary concepts to understand are:

  • Public performance – Playing music aloud for the public counts as a public performance, even if done virtually on social media. The copyright holder has the right to control public performances of their music.
  • Mechanical license – To legally reproduce and distribute a copyrighted musical composition, you need a mechanical license. This includes using music in videos and digital shares.
  • Master use license – If you use the actual sound recording of a song, you need a master use license from the owner of the master recording, usually a record label.
  • Sync license – Using music in “timed synchronization” with visual media like videos requires a sync license from the composition and master recording owners.

As you can see, multiple types of licenses may be required for online use of music. Procuring every license independently can be difficult, which is why many social media users turn to stock music and libraries.

Can I use stock music or music libraries?

Yes, stock music and music libraries simplify licensing for social media and other digital uses. Here are some top options:

Stock Music Libraries

  • AudioJungle – Marketplace with affordable stock music and simplified licenses. Many tracks work for Facebook videos.
  • Epidemic Sound – Large library with monthly subscription for commercial use of songs.
  • Storyblocks – Diverse library of stock music and video with “Standard” license for Facebook.
  • Music Vine – Good selection of songs with “Extended” license covering Facebook videos.
  • Shutterstock Music – Music tracks and scores licensed on a per-project basis.

Royalty-Free Music

  • Bensound – Royalty-free music tracks licensed for all social media uses.
  • Free Music Archive – Songs licensed under Creative Commons for non-commercial videos.
  • Incompetech – Royalty-free instrumental tracks by artist Kevin MacLeod.
  • YouTube Audio Library – Free music for monetized YouTube videos that also works for Facebook.

These libraries simplify licensing by allowing access to songs through a subscription plan or upfront per-track purchase. The license terms generally permit using music on Facebook, but be sure to review terms for each track first.

How much music can I use on Facebook?

Facebook’s policies only allow sharing short snippets of music in posts. Their guidelines define short snippets as:

  • Less than 45 seconds of an audio track
  • Less than 15 seconds of a music video

You may be able to get away with slightly longer uses, up to 30 seconds in some cases. However, to stay safely compliant, it is best to stay under the 45/15 second limits.

There are two cases where you can share longer portions or full tracks of music on Facebook:

  1. You have licensed the song directly from the copyright holder.
  2. The song is in the public domain or under a Creative Commons license that allows commercial use.

If neither of those apply, stick to brief snippets within Facebook’s policies to avoid takedown notices.

Should I credit the artists?

Giving proper attribution to artists and composers is not strictly required but is considered best practice. When using a copyrighted piece of music, try to credit the artist, song, album, and label in your Facebook post or video description. This shows respect for the creator and can help avoid disputes.

Proper attribution usually includes:

  • Artist/composer name
  • Song title
  • Album title
  • Record label

Even if crediting is not mandatory, it demonstrates your intent to comply with copyright law. However, you still need actual licenses and permissions if using significant portions of songs.

What if I get a copyright notice from Facebook?

If you receive a copyright notice or takedown request related to music used in a Facebook post, here are some tips:

  1. Respond politely and promptly to resolve the issue. Angry or combative responses often escalate matters.
  2. Remove the infringing content immediately to avoid penalties.
  3. Review Facebook’s music policies and your use of the song.
  4. If you have a licensing agreement, explain this and offer to provide documentation.
  5. Ask if they would accept the post with credit but without the music clip.
  6. As a last resort, consider seeking legal advice on disputing the complaint.

Copyright holders may be willing to work with you if you make a good faith effort. However, repeated takedown notices could lead to Facebook suspending your account.

Can I pay royalties for music I’ve already used?

In most cases, no. Retroactively paying royalties does not absolve prior unlicensed use of copyrighted music. The best course is to immediately remove any infringing content when notified.

Exceptions may apply if you can demonstrate:

  • You made an honest, reasonable attempt to license the music but could not obtain a license despite best efforts.
  • Your use causes no significant financial harm to the copyright holder.
  • You immediately cease the infringing use upon notification and work in good faith to resolve the issue.

However, there is no guarantee of qualifying for an exception. Unlicensed use of music still carries significant legal risk.

What are the penalties for copyright infringement on Facebook?

Penalties for copyright infringement can include:

  • Takedown – Facebook will remove infringing posts containing unauthorized music.
  • Account suspension – Repeat violations may result in temporarily or permanently suspending your account.
  • Legal claims – Copyright holders can sue for substantial monetary damages under civil law.
  • Criminal charges – Willful infringement conducted for commercial gain or financial benefit may qualify as a federal crime.

In reality, most music claims on Facebook result in simple takedown requests. But knowingly using unlicensed music still carries legal risks, especially for commercial purposes.

Best practices for legally using music on Facebook

Follow these best practices for safely integrating music into your Facebook activity:

  • Use only short snippets of songs, typically less than 30 seconds.
  • License music properly through stock libraries or direct agreements.
  • Give attribution to artists/composers by crediting song and label.
  • Add music directly related to your post topic or purpose.
  • Mute audio for any embedded music videos.
  • Avoid music in paid ads or monetized Facebook Live streams.
  • Immediately comply with any takedown notices.
  • Consult experienced media attorneys if you have licensing questions.

With the proper licenses and thoughtful use, you can incorporate music to amplify your Facebook presence. But always ensure full compliance with copyright law and Facebook policies.

Music Use Required License
Posting full songs Mechanical, sync, master use
Background music in videos Sync, master use
Incidental music in videos Sync or master use
Snippets under 30 seconds Public performance

Conclusion

Using copyrighted music on Facebook requires careful attention to licensing requirements and site policies. Legally, you need various licenses to reproduce and publicly perform full tracks or long snippets. Facebook only allows short clips of music unless you have licensed the full song. Relying on stock music libraries and proper attribution can help keep your Facebook activity compliant. With some common sense and respect for copyright law, you can incorporate music to enhance your social media presence.