Uploading and monetizing videos with copyrighted music on YouTube is tricky. While it is possible to make money this way, there are risks involved that content creators should understand before proceeding.
The Short Answer
In short – yes, you can make money on YouTube with copyrighted music, but it comes with risks. YouTube’s Content ID system may detect the copyrighted music and take one of these actions:
- Mute the audio
- Block the video
- Monetize the video, with ad revenue going to the music copyright holder
So it is possible your video could stay up and continue generating ad revenue, but that revenue would go to the copyright holder, not you. The safest approach is to use only royalty-free or properly licensed music.
YouTube’s Copyright and Monetization Policies
YouTube’s monetization policies prohibit reuse of copyrighted material without proper licenses or permission. However, YouTube relies on copyright holders to identify infringing material via its Content ID system. Here’s how it works:
- Content ID scans new uploads against a database of files submitted by copyright holders.
- If a match is found, the copyright holder can choose to mute audio, block the video, or monetize the video.
- If monetized, the ad revenue goes to the copyright holder rather than the uploader.
So it is possible for a video with copyrighted music to slip through the cracks and generate ad revenue for the channel owner – but there is always the risk of getting caught. If identified, YouTube will redirect monetization to the copyright holder.
Potential Risks of Using Copyrighted Music
Here are some of the potential risks creators face when uploading videos with copyrighted music:
- Copyright strike: Getting caught using copyrighted content without permission can result in a copyright strike against the channel. Too many strikes can lead to channel termination.
- Loss of monetization: All monetization will be redirected to the copyright holder, leaving the uploader with no ad revenue.
- Video blocked: YouTube may block the video containing copyrighted music, either globally or in certain countries.
- Lawsuit: The copyright holder could sue the uploader for copyright infringement, seeking damages.
Best Practices for Legally Monetizing Videos
For the best results, creators should follow these practices:
- Use royalty-free music. Many sites offer music for sale or subscription that is cleared for YouTube monetization.
- Use music from YouTube’s audio library. YouTube offers an extensive library of songs that creators can use freely.
- Purchase a synchronization license. This allows you to use a specific song in your video legally.
- Cover or remake songs with proper mechanical licenses. You can create your own cover version by obtaining a mechanical license.
Following these best practices allows monetization to remain enabled on videos, avoids copyright issues, and ensures ad revenue goes to the channel owner.
Fair Use of Copyrighted Music
In some limited cases, copyrighted music may be used without permission under fair use doctrine. To qualify as fair use, the music must be:
- Used in a transformative way, like parody or criticism
- Limited to a small portion of the total song
- Not used in a commercial or money-making manner
- Not negatively impacting the market value of the original work
However, relying on fair use can be risky. Non-commercial usage in a transformative context, like commentary or education, has the best chance of qualifying as fair use.
How YouTube Detects Copyrighted Music
YouTube primarily relies on its Content ID system to detect copyrighted music. Here’s how it works:
- Copyright holders provide reference files of their content.
- YouTube scans uploads against these reference files for matches.
- If a match exceeds a certain threshold, Content ID claims the video.
- The copyright holder chooses what action to take – monetize, block, mute, etc.
In some cases, YouTube may also use audio fingerprinting technology to detect copyrighted songs independently of Content ID.
Strategies Creators Use to Avoid Detection
YouTube creators try various strategies to use copyrighted music while avoiding detection, including:
- Distorting audio: Altering the pitch, speed, EQ, etc. to disguise the song.
- Partial song segments: Only using small clips – intros, choruses, etc. – not full songs.
- Overlaying own audio: Adding narration or other sounds over the music track.
- Trimming sequences: Strategically removing parts of the song with editing.
However, most of these techniques only marginally reduce the chance of detection. The most reliable approach is to use properly licensed or royalty-free music only.
Monetization Outcomes When Caught
If YouTube detects copyrighted music via Content ID, here are the potential monetization outcomes:
- Video blocked: No monetization, video blocked from view.
- Audio muted: Monetization continues; video plays without audio.
- All revenue to copyright holder: Copyright holder puts ads on video and keeps all revenue.
- Partial revenue sharing: Copyright holder monetizes video and shares revenue with uploader.
In most cases, the copyright holder claims all revenue. Revenue sharing only occurs if the copyright holder explicitly selects that option.
YouTube’s Copyright Strike System
In addition to Content ID, YouTube also has a copyright strike system. This works as follows:
- Copyright holder manually issues takedown on infringing video.
- Video uploader gets 1 copyright strike.
- 3 copyright strikes within 90 days = channel termination.
- Strikes expire after 90 days if not reinforced.
So while Content ID is mostly automated, copyright strikes involve direct notifications and count against the channel. Too many strikes can lead to the ultimate penalty – full channel deletion.
Music Labels Most Likely to Detect Infringement
Major record labels are most aggressive about policing YouTube for copyright infringement. The big three music companies are:
- Universal Music Group
- Sony Music Entertainment
- Warner Music Group
These companies represent the vast majority of commercially successful musicians and maintain extensive reference catalogs for Content ID. Indie labels and unknown artists are less likely to detect infringement.
Does YouTube Proactively Detect Copyrighted Music?
YouTube relies primarily on copyright holders to find infringement via Content ID and manual claims. But there is some evidence that YouTube also proactively screens for copyrighted content:
- YouTube scans high-view videos against an internal reference database, even without Content ID claims.
- YouTube applies automated audio fingerprinting to detect copyrighted tracks.
- YouTube uses machine learning to identify potentially infringing uploads.
So while reporting by copyright holders is the main driver, YouTube does appear to supplement it with proactive technologies as well.
Proactive Detection Methods
YouTube seems to use the following methods to proactively detect copyrighted music:
| Method | How It Works |
|---|---|
| Reference file scanning | Comparing high-view videos against an internal reference database to identify matches |
| Audio fingerprinting | Analyzing video audio tracks to identify copyrighted songs from unique sound fingerprints |
| Machine learning classifiers | Training ML models on labelled data to identify potential copyright infringement |
This combination of digital fingerprinting, reference data, and machine learning allows YouTube to supplement its Content ID system with additional detection capabilities.
Conclusion
Uploading copyrighted music brings significant monetary risks and potential channel termination. The safest approach is to use properly licensed music only. However, it is possible in some cases to use short copyrighted segments under fair use or avoid detection through luck or clever editing.
YouTube relies heavily on copyright holders to catch infringers via its automated Content ID system. But YouTube also seems to proactively screen some high-visibility videos for potential infringement via fingerprinting, reference data, and machine learning techniques.
Overall, it’s a calculated gamble to use unlicensed music. The decision comes down to each creator’s appetite for risk versus potential viral boost of popular songs. Proceeding safely, legally and ethically is always the best policy on YouTube.