Where can you get audio tracks for video gigs?

[xanderthegreat]

A lot of people that make video gigs use background audio that they just found on the internet. This is most likely, strictly speaking, not legal.



So I’m wondering, what’s the correct and legal way to do this? Basically, I’m selling videos on here, and I want to have a selection of audio tracks that I can package with the videos.

[xanderthegreat]

Thanks for the reply… so where can I get the legal audio tracks?

[grosher]

Lot of places. freemusicarchive.org, incompetech.com

So many cool musicians gives their music for free - just google it and check conditions to use 🙂

[xanderthegreat]

Thanks for the links grosher… although a lot of these are only free for “personal use” or “noncommercial use” which excludes what we’re doing here…

[zoe_21]

@ XanderTheGreat

xanderthegreat said: legal way to do this?

I think you have two options:

1. 1) Pay for the rights to resell the music or
   
2. 2) Find and sell music that was never copyrighted, no longer copyrighted (rights have expired) or creator gives permission for you to do what you want with it. These three types of music are known as public domain.
   

To find public domain or pay for the copyright music, type those words into any browser and search through the resulting websites or search for Fiverr sellers selling such :)

xanderthegreat said: want to have a selection of audio tracks that I can package with the videos.

Using either of the above options will allow you to package and sell legally. :-B

[madam_marie]

If you download your video to youtube I think you can edit your video and add music to your video that way. There is a long list to choose from that people have agreed to share.

[artemist]

xanderthegreat said: I'm selling videos on here, and I want to have a selection of audio tracks that I can package with the videos.

 

The distinction to be wary of might be whether you actually have permission to just embed the music into a video you are making then selling, or whether you are including & re-selling unaltered music tracks along with videos. The legal difference is between "ownership" of the music files, versus "right to use" the files, versus "right to re-sell" the files.

 

Since music and image theft is so pervasive online these days, some rights holders seem to have given up on trying to enforce their legal rights, but that does not mean that unauthorized usage is LEGAL, just that some people do seem to get away with it pretty often. But if the rights owners come up with a new or better way to regain control over their creative properties, there may be better enforcement someday.

 

Long rant follows. (Written to help people understand the issues of music rights, and based on lots of research and from working around the world of entertainment production, but not to be taken as definitive legal facts or legal advice.)

 

Terminology is important. When dealing with music, every piece of music has TWO or more issues to consider.

 

1. The copyright on the music itself. Someone wrote it and/or published it. Depending on when that occured and in which country, there is a high likelyhood that someone owns the right to the music itself if it originated after approximately 1920. Same for variations or arrangements - they might each have their own protected status apart from the original music, giving you now two issues. Can you just make your OWN new arrangement or recording of an old song? Depends on the rights status of the original and how you perform or distribute it.

 

2. The copyright on the PRODUCTION itself is probably protected. Yes, every time an music artist records a new version/recording of a song or instrumental, that producer/label/artist has a copyright on the version/production they have recorded, on top of the right somebody owns on the basic song itself.

 

So, how can you ever legally use music? Five ways (at least...) and many wrinkles on each.

 

a. Pay license fees to the owners of the song and the performance through clearing housed designed for this. Fees depend on the popularity of the songs and the nature of your usage. Note that this is a license for usage of their music, not giving you ownership of it. And a key issue here is that it usually means you can include their music as part of a larger project (video, etc.) but probably that you cannot just re-sell the music track as is. That would just let you take money that might otherwise go to the right owners.

 

b. Royalty Free Music-- You've probably heard of "Stock Photos" as a way to get quality images economically. Well, the music equivalent is "Royalty Free Music" which sells you the rights to USE music by the track, disc or entire library of files. Whoever wrote and produced them is legally offering them to you for use in online videos, home movies, whatever. Prices vary widely, but can be really cheap if you shop wisely. But even this does you no good if there is still an issue later about music use rights, so try to get it with a printed license so you will have a paper trail to rely on if there is a challenge later. I got a nice set or Royalty free music from composer Chan Redfield here at Fiverr. But then I also bought other sets from other sellers which is probably just illegal copies of music loops actually owned by other producers, and I can't in good conscience use them.

 

c. Creative Commons music is made available for free use by artists trying to get exposure. What you can and can't do depends on just what the artist allows in their choice of various versions of the CC license, but there are MANY options for this. Web searches will help, and there are probably some Fiverr gig sellers offering this option. Note that if you do this on Fiverr you are probably BUYING the service of sending you the music tracks, but the actual LICENSE to use the music is free, if it is the usual CC deal. You can use the music, but you don't own the music or re-sale rights, unless specifically stated.

 

d. Public Domain music (mentioned above) should be literally free, but it is still not worry free. Even if the music itself is old enough to be Public Domain (Bach, Beethoven, Mozart, whatever) the performance/recording itself is probably still protected. Due dilligence needed. Just because someone sold you music and told you it was legal does not mean that it is true. Get a real license or get it from a reliable source.

 

** New info: A very few composers have actually placed their music online and stated that it is in the Public Domain. Either they don't know about the "Creative Commons" option, or just don't want the paperwork hassle, so they just declare their selected work as Public Domain. That literally means that they disclaim ownership over their own creation, and irrevocably declare that it is now owned by anyone in the public to be used in any way they wish. But some composers do it anyway either out of generosity or to seek wider distribution. As long as you trust that they have the right to do that (based on them actually being the composer, publisher and performer) then you could feel pretty safe about using it. But for safety, 'twould still be wise to copy/save the details about how you arrived at the decision that it is legally PD.

 

e. Commission music. Buy original music with the re-use rights you need. Fiverr sellers have lots of offerings here.

 

f. Write and produce your own original music. Then there is no question about legality. You can use it or sell it or license other to use it or re-sell it. But that could all be worthless if someone challenges your creation and ownership, so to be safe and legally protected you should also REGISTER your original music and productions with the copyright agency for your country. Costly and a real nuissance, but you have limited legal options if you don't register it at some point. In real world terms though, many creators still don't register their music because of those fees, and hope to be able to prove ownership later only if the need/challenge arises. Your call. If you are not making real money off your music, it probably won't get stolen either, so not much downside.

 

[artemist]

xanderthegreat said: I'm selling videos on here, and I want to have a selection of audio tracks that I can package with the videos.

 

The distinction to be wary of might be whether you actually have permission to just embed the music into a video you are making then selling, or whether you are including & re-selling unaltered music tracks along with videos. The legal difference is between "ownership" of the music files, versus "right to use" the files, versus "right to re-sell" the files.

 

Since music and image theft is so pervasive online these days, some rights holders seem to have given up on trying to enforce their legal rights, but that does not mean that unauthorized usage is LEGAL, just that some people do seem to get away with it pretty often. But if the rights owners come up with a new or better way to regain control over their creative properties, there may be better enforcement someday.

 

Long rant follows. (Written to help people understand the issues of music rights, and based on lots of research and from working around the world of entertainment production, but not to be taken as definitive legal facts or legal advice.)

 

Terminology is important. When dealing with music, every piece of music has TWO or more issues to consider.

 

1. The copyright on the music itself. Someone wrote it and/or published it. Depending on when that occured and in which country, there is a high likelyhood that someone owns the right to the music itself if it originated after approximately 1920. Same for variations or arrangements - they might each have their own protected status apart from the original music, giving you now two issues. Can you just make your OWN new arrangement or recording of an old song? Depends on the rights status of the original and how you perform or distribute it.

 

2. The copyright on the PRODUCTION itself is probably protected. Yes, every time an music artist records a new version/recording of a song or instrumental, that producer/label/artist has a copyright on the version/production they have recorded, on top of the right somebody owns on the basic song itself.

 

So, how can you ever legally use music? Five ways (at least...) and many wrinkles on each.

 

a. Pay license fees to the owners of the song and the performance through clearing housed designed for this. Fees depend on the popularity of the songs and the nature of your usage. Note that this is a license for usage of their music, not giving you ownership of it. And a key issue here is that it usually means you can include their music as part of a larger project (video, etc.) but probably that you cannot just re-sell the music track as is. That would just let you take money that might otherwise go to the right owners.

 

b. Royalty Free Music-- You've probably heard of "Stock Photos" as a way to get quality images economically. Well, the music equivalent is "Royalty Free Music" which sells you the rights to USE music by the track, disc or entire library of files. Whoever wrote and produced them is legally offering them to you for use in online videos, home movies, whatever. Prices vary widely, but can be really cheap if you shop wisely. But even this does you no good if there is still an issue later about music use rights, so try to get it with a printed license so you will have a paper trail to rely on if there is a challenge later. I got a nice set or Royalty free music from composer Chan Redfield here at Fiverr. But then I also bought other sets from other sellers which is probably just illegal copies of music loops actually owned by other producers, and I can't in good conscience use them.

 

c. Creative Commons music is made available for free use by artists trying to get exposure. What you can and can't do depends on just what the artist allows in their choice of various versions of the CC license, but there are MANY options for this. Web searches will help, and there are probably some Fiverr gig sellers offering this option. Note that if you do this on Fiverr you are probably BUYING the service of sending you the music tracks, but the actual LICENSE to use the music is free, if it is the usual CC deal. You can use the music, but you don't own the music or re-sale rights, unless specifically stated.

 

d. Public Domain music (mentioned above) should be literally free, but it is still not worry free. Even if the music itself is old enough to be Public Domain (Bach, Beethoven, Mozart, whatever) the performance/recording itself is probably still protected. Due dilligence needed. Just because someone sold you music and told you it was legal does not mean that it is true. Get a real license or get it from a reliable source.

 

** New info: A very few composers have actually placed their music online and stated that it is in the Public Domain. Either they don't know about the "Creative Commons" option, or just don't want the paperwork hassle, so they just declare their selected work as Public Domain. That literally means that they disclaim ownership over their own creation, and irrevocably declare that it is now owned by anyone in the public to be used in any way they wish. But some composers do it anyway either out of generosity or to seek wider distribution. As long as you trust that they have the right to do that (based on them actually being the composer, publisher and performer) then you could feel pretty safe about using it. But for safety, 'twould still be wise to copy/save the details about how you arrived at the decision that it is legally PD.

 

e. Commission music. Buy original music with the re-use rights you need. Fiverr sellers have lots of offerings here.

 

f. Write and produce your own original music. Then there is no question about legality. You can use it or sell it or license other to use it or re-sell it. But that could all be worthless if someone challenges your creation and ownership, so to be safe and legally protected you should also REGISTER your original music and productions with the copyright agency for your country. Costly and a real nuissance, but you have limited legal options if you don't register it at some point. In real world terms though, many creators still don't register their music because of those fees, and hope to be able to prove ownership later only if the need/challenge arises. Your call. If you are not making real money off your music, it probably won't get stolen either, so not much downside.

 

[Guest matt_garry]

I specialize in background music and can make any style or sound needed for you’re videos all rights are 100% owned by you.🙂

[xanderthegreat]

Thanks for the useful tips and links!



Especially thanks to artemis for the detailed explanation!



If I download a song from a website which tells me it’s Public Domain, is there any way I can protect myself in the event that it turns out the website was wrong and the song was copyrighted?

[artemist]

Not completely. It is just a trust thing in that situation. But if the site explicity told you that both the music and the recording of it WERE Public Domain, and they also explained exactly how they have the right to say that and to offer the files, then you at least have a viable defense if there ever is a challenge about it. So for legal safety, at least bookmark that page, but better still copy and save the PD statement showing who said it and when and where. Then, if challenged, you could show that you were acting in “good faith” in your decision to use it, and even if you get challenged later you would PROBABLY just be allowed to remove the offending music and promise not to use it again. (This is often done by the party who claims “rights” sending a “Cease and Desist” letter (C&D) telling you to:



a) stop the use



b) pay a licensing fee and/or possible a settlement with a $ penalty



c) face legal action, which may or may not ever happen

Two more possible instances of “allowed” use of music owned by others.

1. If the percieved value of the music is minor or the use you made is a charitible cause, you might even be allowed limited free use. But you should still ask in advance, and the right holders may still send notice to be on record as preserving their rights to stop other egregious uses by others
   
   
2. The US Copyright law recognizes a legal excuse to use parts of music and other “intellectual properties” in a specific limited way with a legal situation known as “Fair Use”. This allows someone to exert snippets of music or books or whatever only for educational use or to quote as part of a review, history book, article, parody, etc. The amount of the total work you use and the nature of the use you make, whether commercial, educational, etc is all considered. Note that this is only a legal defense strategy, and only a theory you can invoke if you are sued or threatened - not a license you can apply for in advance. It give you an good argument, but it doesn’t mean you will win that argument.
   
   Example: If you find a music file of “Mars” from “The Planets” by Gustav Holst (“Mars” is a very popular, aggressive battle march for orchestra. Almost anyone would recognize it when they hear it, and it is often used as music to punch up videos online.) Based on when the work was written and first published in 1921, the original sheet music itself is Public Domain for most countries. But then it was slightly re-arranged and re-published around 1930 so that new version is still protected by copyright. And when, for instance, the Boston Symphony Orchestra (or 50 other groups) each paid tens of thousands of dollars to record it in a deal with a record label, then they also have invested time and money in the PRODUCTION of that recording, which they may protect. So to be completely legal, an end user should be willing and able to show that the music recording they use comes from the 1921 version of the sheet music, and the recording/production itself is taken from a recording that is not owned by anyone.
   
   
   
   Reality check: People do get away with illegal use all the time. Yes, anyone CAN sue about anything, but the Boston Symphony orchestra will probably not sue you for using 20 seconds of their recording of “Mars” in your YouTube video about kittens fighting. But they could. And if you are re-selling it, or claiming ownership, or tying their name to something commercial or offensive, then they just might. So you will probably not get challenged on low-profile usage of protected music – but that is a judgement call based on common sense, not on legal “Rights”, which you probably don’t have.
   
   So, when you can be safer by buying or licensing original music on Fiverr, why play lawsuit roulette?
   
   
   
   (Note: I also just edited the long post above to mention another small but potentially viable version of Public Domain music.)