How to Know If a Song Is Copyrighted (And a Smarter Way to Sample It Legally)

TL;DR: The Quick Answer

Assume any song released after 1928 is copyrighted. The most definitive way to check is by searching for it in a Performing Rights Organization (PRO) database like ASCAP or BMI.

If it is copyrighted, you face a choice: the slow, expensive path of licensing; the creatively limiting path of royalty-free music; or a third, more powerful workflow for modern producers detailed below.

Introduction

You've spent hours digging, and finally, you found it. That perfect, dusty vocal chop. The one that could make your entire track. You drag it into your DAW, slice it up... and then the cold sweat begins. “Is this thing copyrighted?”

For any producer or DJ, that question isn't just legal anxiety—it's a creative killjoy. It’s the difference between uploading your banger with confidence and nervously waiting for the takedown notice from SoundCloud or the dreaded Content ID claim on YouTube. The old way—begging publishers for a license—is a maze of complexity and high costs designed for major labels, not for you.

But what if the answer to "Is it copyrighted?" wasn't a dead end? What if it was the start of a new, smarter creative workflow? This guide will show you how to check, and more importantly, how to turn that legal hurdle into your next signature sound.

What Does It Mean When a Song Is Copyrighted?

In music, copyright protects three main parts of a song:

• Lyrics: The written words.
• Composition (or "Publishing"): The melody and harmony (the written music).
• Sound Recording (or "Master"): The actual performance captured in a specific recording.

When a song is copyrighted, the rights holder controls how it can be used. This means you can’t legally reproduce, perform, remix, or monetize the track without their permission—unless you’ve secured an appropriate license.

Public Domain vs. Creative Commons vs. Copyright

• Public Domain: These songs are no longer protected by copyright, usually due to age. In the U.S., songs published before 1929 are generally in the public domain. Crucial Note: Check both the composition and the recording—a 2022 recording of a Beethoven symphony is copyrighted, even though the original composition is public domain.
• Creative Commons: These tracks are copyrighted but released with specific permissions. Always check the license type (e.g., CC BY, CC BY-NC).
• Copyrighted Music: Fully protected. You need a license unless your use qualifies as "fair use"—a narrow, legally risky exception not recommended for commercial projects.

Why It Matters: The Risks of Getting It Wrong

Ignoring copyright isn't worth it. The consequences range from embarrassing to catastrophic:

• Content ID Claims: Your video gets demonetized, muted, or blocked.
• Takedown Requests (DMCA): SoundCloud, Instagram, or Spotify are forced to remove your content.
• Copyright Strikes: Your channel or account gets suspended or terminated.
• Legal Action: Lawsuits can lead to damages up to $150,000 per infringement.

How to Find Out If a Song Is Copyrighted (5 Definitive Methods)

Here is your step-by-step process for definitive copyright research.

Method 1: Check the Release Date (The Public Domain Test)
The simplest check. If the song was published before 1929, the composition is likely in the public domain in the U.S. Use resources like PD Info or IMSLP to verify.

Method 2: Search Performing Rights Organization (PRO) Databases
This is the most definitive method. PROs like ASCAP, BMI, and SESAC have publicly searchable databases. If a song is listed, it is definitively copyrighted.

• ASCAP Repertory Search
• BMI Repertoire Search
• SESAC Repertory Search

Method 3: Use YouTube’s Content ID System
Use YouTube’s own tools. Search its Music Policies Database or upload your track as "Unlisted." YouTube's system will often identify the copyright owner for you.

Method 4: Look for Copyright Notices (© & ℗)
Check the liner notes on Spotify, Apple Music, or physical media for the © (copyright) and ℗ (phonographic copyright/sound recording) symbols.

Method 5: Use Professional Licensing Services
Platforms like SoundExchange or Songfile offer deep copyright research tools, though they are geared towards professional licensing workflows.

Okay, It’s Copyrighted... Now What? 3 Paths for Creators

You've confirmed the track is protected. This isn't a dead end; it's a fork in the road. And for most producers, two of these roads lead to frustration.

Path 1: The Traditional Route - The Wallet-Drainer

This is the path of paperwork, lawyers, and waiting. You'll spend weeks, maybe months, chasing down publishers and master rights holders, only to be quoted a price that could fund your entire home studio. It's slow, expensive, and designed to keep indie creators out.
Reality: A creative dead end for 99% of producers.

Path 2: The Safe Route - The Creative Compromise

Royalty-free libraries are great for corporate videos. But you know it, and we know it: it's a compromise. You're settling for "good enough" instead of using the exact sound that sparked your inspiration in the first place.
Reality: You sacrifice your unique vision for safety. Your track sounds generic.

Path 3: The Producer's Route - The Creative Breakthrough

This is where you stop thinking like a music user and start acting like a producer. Why ask for permission when you can innovate? Instead of using the song, you deconstruct it. You take its DNA and build something entirely new, something that is unequivocally yours.

This is what modern production is all about, and a high-fidelity stem separator like Vozart.ai is your key. It's not just a tool; it's a new mindset. It uses AI to break any song into its core components (stems) with stunning clarity, giving you the raw material to build something new and transformative.

• For Remixers: Extract a crystal-clear, studio-quality acapella. Now you have the raw vocal to build a completely new, unique instrumental around—the foundation of a transformative remix.
• For Cover Artists: Isolate the instrumental in one click. You now have a perfect backing track to record your own vocals over, creating a legal cover version (once you get a simple mechanical license).
• For Beatmakers: Need just that iconic bassline or drum loop? Isolate it with AI, then chop, pitch, and process it until it's an unrecognizable new element for your beats.

This approach keeps your original inspiration alive while empowering you to put your own creative stamp on it.

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Common Copyright Myths Debunked

• "It’s OK if I only use 10 seconds." False. There is no "safe" duration. Any recognizable, unlicensed use is infringement.
• "I gave credit, so I'm good." False. Attribution does not replace a license. Permission is always required.
• "It’s on TikTok, so it’s free to use everywhere." False. A song's license on a platform like TikTok is valid only within that app. Using the audio elsewhere is infringement.

Tools & Resources to Help You Stay Safe

• Creative & AI-Powered ToolsVozart.ai: Your secret weapon for legally transformative sampling. The market-leading AI for high-fidelity stem separation. Extract vocals, drums, bass, and instrumentals from any song.
• Copyright Search (PROs)ASCAP, BMI, SESAC
• Public Domain SearchPD Info, IMSLP
• Licensing & Professional ServicesSoundExchange, Songfile, TuneRegistry

Conclusion

Figuring out copyright isn't about limitation; it's about empowerment. It pushes you to be a smarter, more professional creator.

Now, you not only know how to check if a song is copyrighted, but you also have a secret weapon in your toolkit. Instead of hitting a wall, you can use Vozart.ai to creatively and legally transform your inspirations. You have the power to make your projects sound amazing without the legal risk.

Ready to turn inspiration into your next legal banger?

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