Scroll the comments under almost any video and you will find the same advice: just credit the artist, keep it under 30 seconds, add a disclaimer. It is repeated so often that it sounds like a rule. It is not. Here is what the platforms and Australian law actually say, and what does make music use legal.
Does giving credit make it legal to use a song?
No. Credit tells people who made the music, but it does not give you permission to use it. YouTube's copyright guidance says giving credit to the copyright owner does not automatically give you the right to use their work. You still need permission from whoever controls the song and the recording.
A song in a video usually involves two permissions: one for the composition and one for the recording. Both stay with their owners no matter how prominently you name the artist. Who to ask is covered in how to get permission to use a song.
Does a disclaimer protect you?
No. YouTube says phrases such as "no infringement intended", "all rights go to the author" or "I do not own" do not mean you have the copyright owner's permission. A disclaimer admits the music belongs to someone else without changing anything about whether you are allowed to use it, so it adds no protection.
The same goes for saying a video is for entertainment or educational purposes only. YouTube notes that labelling content that way does not, on its own, permit the use.
Is using a few seconds of a song allowed?
Not automatically. There is no fixed number of seconds that makes using a song legal. YouTube says any amount of copyright-protected content used without permission may cause copyright issues, and that only a court can decide whether an exception such as fair use, fair dealing or public domain applies.
Automated systems match short clips as well as full tracks. How YouTube handles those matches is explained in how YouTube copyright claims work.
Does fair use apply in Australia?
Australia has no general fair use exception. The Copyright Act 1968 has fair dealing exceptions for set purposes, including research or study, criticism or review, parody or satire, and reporting news. The Australian Law Reform Commission recommended a fair use exception in 2013, but Parliament has not enacted it.
Fair dealing is narrower than US fair use. Putting a song under a travel vlog, a product video or a wedding film does not fit neatly into any of those purposes. How this plays out for business accounts is in business music rules on Instagram and Facebook.
What if you bought the song or are not making money?
Neither one is permission. YouTube says buying content, such as a song download or a CD, does not give you the right to upload it, and that not making money from a video does not prevent copyright issues. A purchase or a streaming subscription is a licence to listen, not a licence to publish.
YouTube also lists "other creators do it" as a myth: another channel may have a licence you do not, or a rights holder may simply not have acted yet.
When is credit actually what counts?
When a licence requires it. Creative Commons Attribution licences let you use a work if you give credit as the licence sets out, and YouTube names this as the exception. Many other licences also make credit a condition. In both cases the credit is part of a licence you already hold.
Creative Commons licences also vary on commercial use and edits, so read the exact licence. The differences are in Creative Commons vs royalty-free vs public domain.
What is the simplest legal way to use a real song?
Get a licence from the people who control the song and recording. On cadential., independent artists list released songs and set their own price for each use type, such as YouTube, social, podcast, film or ad. You pay once in AUD and get a written licence with a licence number anyone can check.
Artists keep 80% of every licence fee. cadential. is in early access and onboarding its first artists now. See how it works, or read do you need a sync licence for YouTube.
Questions, answered
Is it legal to use 10 seconds of a song?
Not automatically. There is no fixed number of seconds that makes it legal. YouTube's guidance says any amount used without permission may cause copyright issues, and only a court can decide whether an exception such as fair use or fair dealing applies. Short clips are matched by automated systems too.
Does writing 'no copyright infringement intended' protect me?
No. YouTube says phrases such as 'all rights go to the author', 'no infringement intended' or 'I do not own' do not mean you have the copyright owner's permission. A disclaimer describes what you did. It does not license it.
Is there fair use in Australia?
No general fair use exception exists in Australia. The Copyright Act 1968 has fair dealing exceptions for specific purposes, including research or study, criticism or review, parody or satire, and reporting news. The Australian Law Reform Commission recommended a fair use exception in 2013, but it has not been enacted.
When does giving credit actually matter?
When the licence requires it. A Creative Commons Attribution licence lets you use the work if you give credit as the licence sets out, and many other licences make credit a condition. In those cases the credit is part of complying with a licence you already have, not a replacement for one.
Sources
- Common copyright myths, YouTube Help
- Relationship with existing exceptions (Copyright and the Digital Economy, ALRC Report 122), Australian Law Reform Commission
- A flexible fair use exception (Copyright and the Digital Economy, ALRC Report 122), Australian Law Reform Commission
- About CC Licenses, Creative Commons
This guide is general information, not legal advice. For advice about your own project, talk to a lawyer. Licence details on cadential. are set out in the licence terms.