If you are wondering how much of the audio of a song can you use without Content Id flagging it, about 8 seconds. If it is over that, typically it will be demonetized but still be available. Can you get copyrighted on YouTube if you post the same video twice, but one is a regular video and the other is a YouTube short?
It doesn't matter if it's just a short clip. 10 seconds or 30 seconds. You still can't use it. The only way to legally use music on YouTube is to get permission from the copyright holder (or whoever does actually “own the rights” to the song).
Since music is interpretive, it's more likely to be protected. The amount of use: This is where the 30-second rule is debunked. Small portions of a work may be permitted as fair use, while the entire work is not. However, there are no specific guidelines for infringement.
Assume just because you only use a few seconds of any clip that it will “be ok.” You cannot use any copyrighted material, no matter the length, without permission. Think that if you give credit to the artist, you can use their copyrighted material. Again, unless you get specific permission, you cannot use it.
YouTube says its short-form creators will be able to use between 30 and 60 seconds of licensed music “for most tracks.” However, some songs will remain on the previous 15-second limit, with licensing agreements determining which tracks fall in which window.
The "15 Second" or "8 Bar" Rule
The reality is that there is no legal protection in copyright law for these types of use. If you use a piece of a composition or sound recording that is copyrighted, you will need a license.
Giving credit to the owner of a copyrighted work won't by itself turn a non-transformative copy of their material into fair use. Phrases like “all rights go to the author” and “I do not own” don't automatically mean you're making fair use of that material. They also don't mean you have the copyright owner's permission.
Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
Any use of copyrighted material without permission is, according to U.S. copyright law, copyright infringement. It does not matter if you use one second or the entire song, using copyrighted materials without the consent or permission of the copyright owner, constitutes copyright infringement.
Only use content that you've created yourself
Another way to avoid copyright infringement and strikes is to only use your own content on YouTube. If you only use music and videos that you've created yourself, you won't have to worry about copyright claims as you'll be the copyright owner.
Introduced in November, the new rules are demonetising videos that contain cursing in their first seven seconds. Retroactively demonetizing videos with a bad word in the first 7 seconds is going to crush content creators. Terrible decision.
Public Domain Songs
In general, published works like musical compositions enter the public domain, or lose their legal copyright protection, about 70 years after the author dies. Songs published in 1926 and before are considered in the public domain as of January 1st, 2022.
Or merely a ten-second refrain? Unfortunately, there are no fixed standards as to how much of a song you can use without infringing the song owner's copyright. Of course, the shorter you can make the clip, the stronger your argument for fair use protection.
When a creator makes a YouTube Short, they can add copyrighted music to the video using an in-product Shorts audio library. This Shorts audio library is populated with music tracks from record label partners that have signed Shorts specific licensing agreements with YouTube.
You CAN use copyrighted music on YouTube, as long as you understand the rules. If a particular song is registered with Content ID, you will get a claim. It doesn't matter is that song is labelled “royalty free”, “no copyright”, or came from a music library.
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
That means they should not upload videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.
Berne specifies that copyright exists a minimum of 50 years after the author's death, while a number of countries, including the European Union and the United States, have extended that to 70 years after the author's death.
Is slowed down music copyrighted? Yes. It doesn't matter if you slow down, speed up the tempo of a song. Or even play it backwards.
1. You Don't Need Permission to Cover a Song. A common misconception in the music industry is that you need to receive permission from the original composer in order to record a cover version of their song. However, US copyright law makes it much easier than that for artists wishing to cover a piece of music.
Put simply; you can legally use music in videos if you have permission from the person, people, or company who owns the rights. Since the publisher and the record label usually hold music rights, you'll have to get permission from both. From the publisher or composer, you'll get a synchronization (or sync license).
Common copyright myths
Giving credit to the copyright owner doesn't automatically give you the rights to use their copyrighted work. You need to make sure you've secured all the necessary rights to all copyright-protected elements in your video before you upload it to YouTube.
The song you want to use is copyrighted if you see the copyright symbol next to it when you download the song. (Not to be confused with the Creative Commons licensing symbol).