Can I be sued for using copyrighted music on YouTube?

Asked by: Myles Spencer  |  Last update: March 20, 2026
Score: 4.6/5 (75 votes)

Yes, you can be sued for using copyrighted music on YouTube, but it's more common to face YouTube's internal actions like Content ID claims (monetization going to the owner), strikes, or channel termination; however, copyright owners have the right to sue for infringement, potentially leading to significant damages, so obtaining licenses or using royalty-free music is essential for avoiding legal trouble.

Can you get sued for using copyrighted music on YouTube?

If you upload a video containing copyrighted content without the copyright owner's permission, you could end up with a Content ID claim. The claim will keep you from monetizing the video, even if you only use a few seconds, such as short uses of popular songs.

How much of a song can you use legally on YouTube?

How many seconds can you use of a copyrighted song on YouTube? Zero seconds if we're being honest. Any use of a copyrighted song without a license or permission can result in a copyright claim or notice.

How do some YouTubers get away with using copyrighted music?

It's possible, though less likely for smaller channels, that the channel owner has obtained permission or licenses from the rights holders to use the tracks. This could involve direct agreements with artists or their labels, or through licensing services.

Can I use copyrighted music on YouTube if it's not monetized?

If it is copyrighted, that means you can NOT use it without written permission from the owner of the music, which usually means paying them for its use. Whether it is monetized or not is immaterial.

How To Use Copyrighted Music on YouTube (2025 UPDATED RULES)

18 related questions found

Will my YouTube video get taken down if I use copyrighted music?

Your video's status could change in the future and may even be removed from YouTube. A removal can happen when the copyright owner makes a different decision in your individual case.

What is the 30 second rule on YouTube?

The "30-second rule on YouTube" refers to two key concepts: first, the crucial first 30 seconds of a video to hook viewers, as YouTube counts a view after this mark; and second, a content editing guideline where something engaging, like a visual change or new topic, should happen at least every 30 seconds to maintain audience interest and prevent them from clicking away. It's about grabbing attention immediately and continuously refreshing the content to match short attention spans, ensuring viewers stay engaged long enough for a meaningful view and to improve watch time, a key factor for the YouTube algorithm. 

How to legally play copyrighted music on YouTube?

So, if you want to legally use copyrighted music on YouTube, you'll need permission from everyone who is a copyright holder for that specific track. Getting a license for a song means you'll have to reach out to each person on that “copyright holder” list.

Can I use copyrighted music if I give credit?

Generally, to use the sound recordings or musical works of another artist, you must: Use a work that is already in the public domain. Get permission from the copyright holder directly, or license the work according to the terms set by the licensing contract.

How to avoid copyright violations on YouTube?

Tips on how to protect yourself from YouTube DMCA Strikes and Copyright Issues

  1. Stick to Original Content. ...
  2. Get to Know YouTube's Copyright Policies. ...
  3. Use Royalty-Free or Licensed Music. ...
  4. Credit Alone Isn't Enough. ...
  5. Check for Content ID Matches. ...
  6. Avoid Using Clips from Movies or TV Shows. ...
  7. Make Your Content Transformative.

How does YouTube detect copyrighted audio?

Using a database of audio and visual files submitted by copyright owners, Content ID identifies matches of copyright-protected content. When a video is uploaded to YouTube, it's automatically scanned by Content ID. If Content ID finds a match, the matching video will get a Content ID claim.

Can I use 5 seconds of a copyrighted song?

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.

What is the 3 month rule for copyright?

The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP. 

Has anyone gone to jail for copyright infringement?

Yes, there have been instances where individuals have been arrested for copyright infringement, especially in cases involving large-scale illegal distribution or counterfeit production. It's a serious offense that can lead to significant legal consequences, including fines and imprisonment.

How to avoid getting sued for copyright?

Since all original content is protected under copyright law unless otherwise indicated, a good best practice is not to reuse ANYTHING unless you get the owner's consent, or unless you are absolutely sure that they have granted permission for others to reuse the work, or the intellectual property clearly falls under ...

How much money per 1000 views on YouTube?

YouTube pays roughly $1 to $25 per 1,000 views, but it varies wildly, averaging around $3-$10 for most, with factors like video niche (finance pays more), audience location (US/UK pays more), video length (more ads), and viewer demographics heavily influencing earnings (RPM). Some creators earn as little as $1.61 or as high as $29+ per 1,000 views, while YouTube Shorts pay significantly less, around $0.04 to $0.06 per 1,000 views. 

What happens if I use a copyrighted song in my YouTube video?

If you use copyrighted music in your video, the label / artist / distributor will issue a claim and collect revenue from your video, you will not be able to monetize on your video.

What is the 35 year rule in music?

The "35-year rule" in music refers to a provision in the 1976 US Copyright Act (Section 203) that allows artists and songwriters to reclaim rights to their copyrighted works after 35 years from the date of transfer, provided the work wasn't a "work-made-for-hire" and was created after January 1, 1978. This "termination right" enables creators to renegotiate or terminate unfavorable publishing and recording deals, allowing them to regain ownership of their music after that period, with the window for exercising this right opening around 2013. 

Can I use copyrighted music if I'm not making money?

You might think that since a non-profit isn't making any money from a project that incorporates copyrighted content, they are protected by fair use provisions. However, even if content is not monetized, it can still be subject to copyright law.

What are common copyright violations?

One of the most common forms of copyright violation involves downloading or sharing songs and movies from the Internet without the express consent of the copyright owner.

How can I avoid copyright strikes?

Using music that you have the rights to use is by far the safest strategy to fend off copyright claims on YouTube. This can be music that you have obtained the appropriate licenses for, music that is in the public domain, or music that you have written yourself.

Can you get copyrighted even if you give credit?

Copyright law requires authorization; credit alone provides no legal protection whatsoever. Under 17 USC §106, copyright owners hold exclusive rights to authorize or deny use of their works. These rights don't disappear simply because you acknowledge ownership.

What is the 8 minute rule on YouTube?

The "YouTube 8-Minute Rule" primarily refers to the fact that videos longer than 8 minutes can have mid-roll ads (ads in the middle of the video) inserted by the creator or YouTube, unlike shorter videos limited to pre-roll/post-roll ads, which boosts creator revenue. There's also a separate "8-Minute Friendship Rule," a concept where just 8 minutes of focused connection helps someone feel supported during stress, used as a code word for needing help.
 

Can YouTube tell if you screen record?

So, in this sense, the answer is no; websites cant detect user activities like screen capture. However, if the website has you download some software and install it, it can most probably recognize external screen capture tools being used on their web pages (if they want to).

What is the 10 minute rule on YouTube?

The "YouTube 10-minute rule" refers to two different concepts: a productivity technique for creators to overcome procrastination by working on content for just 10 minutes to build momentum, and an older, now less critical, idea that videos over 10 minutes (or 8 mins) get better algorithm favorability or monetization due to mid-roll ads. While longer videos do allow for more ad breaks (mid-rolls), YouTube now prioritizes viewer satisfaction and retention over length, meaning short, engaging videos can outperform forced long ones, though creators often aim for 8+ minutes for ad revenue potential.