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

Asked by: Irving Wisoky  |  Last update: February 14, 2026
Score: 4.2/5 (24 votes)

No, you generally cannot use copyrighted music without permission just because you aren't monetizing; it's still copyright infringement, as monetization status doesn't negate the copyright holder's exclusive rights, though it affects penalties, with platforms like YouTube often issuing claims or strikes even for non-monetized content, requiring licenses or fair use (which is a legal defense, not a guarantee) for legal use.

Can you use copyrighted music if you aren't making money?

No, you need permission or a license to use copyrighted music, even if you have no monetary gain and even if you give credit.

Can you use copyrighted music for non-profit?

For non-profits, you may need background music in your promotional content or have music playing at offline events to spread your organization's message. Non-profit organizations need a music license when they use copyrighted music outside of the scope of fair use provisions.

Is it copyright infringement if you don't make money?

Copyright infringement does not require a profit component. There mere act of copying is what is in violation. The act of copying without authorization has a base fine. This is independent of any profit of commercial gain, which only comes into play when calculating damages.

Can I copyright something I didn't make?

While you can't copyright something you didn't create, with contractual agreements and ethical practices, you can still use and benefit from others' work within the bounds of the law.

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

27 related questions found

How do I do a poor man's copyright?

A "poor man's copyright" is an informal, ineffective method of proving creation date by mailing a copy of your work (lyrics, manuscript, etc.) to yourself and keeping the unopened envelope with its postmark as evidence, but it provides no real legal protection and is not a substitute for formal registration, though the postmark might offer slight evidence of existence date in a dispute. To do it, you'd place your work in an envelope, address it to yourself, and mail it, leaving it sealed. For actual copyright protection, you must register with the U.S. Copyright Office.
 

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. 

What are the three rules of copyright?

Three key aspects of U.S. copyright law include the exclusive rights granted to creators (reproduction, adaptation, distribution, performance, display), the requirement for a work to be original, creative, and fixed for protection, and the duration of copyright, typically the life of the author plus 70 years. These laws, primarily found in Title 17 of the U.S. Code, protect original expressions like books, music, software, and art. 

Is it worth suing someone for $500?

Suing for $500 can be "worth it" in small claims court, which is designed for smaller disputes and usually doesn't require a lawyer, but you must weigh filing/service fees (can be $20-$200+) and the opportunity cost of your time (prep, court) against the potential recovery; if your costs approach $500, it's often not financially sensible, but it might be worth it for principle or if the other party pays easily, says. 

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 ...

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.

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. 

What are non-profits not allowed to do?

Nonprofits, especially 501(c)(3)s, cannot engage in political campaigning, benefit private individuals (private inurement), or have excessive lobbying/unrelated business income, as these activities jeopardize their tax-exempt status, requiring them to focus solely on their public mission, maintain strict financial controls, and comply with IRS rules like annual reporting. 

How many views on YouTube do you need to make $1000?

To make $1,000 on YouTube, you generally need around 100,000 to 500,000 views, depending heavily on your niche, audience location, and monetization strategy (like AdSense CPM/RPM). A range of $2 to $12 per 1,000 views (CPM) is common for ads, meaning a video might need 83,000 (at $12 CPM) to 500,000 (at $2 CPM) views to reach $1,000, with high-value niches like finance earning much more, notes Riverside and The Marketing Heaven. 

Can I use 10 seconds of a copyrighted song?

No, there's no magical "10-second rule" that makes using a copyrighted song legal; any use without permission is technically infringement, though short clips might fly under automated detection systems (like YouTube's) or qualify as fair use for purposes like commentary, criticism, or parody, but this isn't guaranteed and depends on context. Fair use relies on four factors (purpose, nature, amount, market impact) and isn't just about the length, meaning even a few seconds can be a problem if it's the core part of the song or hurts its market value. 

How many streams does a song need to make $100?

To make $100, a song generally needs around 25,000 to 30,000 streams on Spotify, but this varies by platform, listener (free vs. premium), and artist deals, with Apple Music potentially requiring fewer streams (around 14,000) and Tidal even fewer (around 10,000) due to higher per-stream rates. The exact number depends on the platform's payout rate, which averages fractions of a cent per stream. 

What happens if you get sued but own nothing?

If someone sues you with nothing, they can still win a judgment, but collecting is hard; you become "judgment-proof" if legally protected assets/income (like minimum wage earnings or Social Security) exist, but creditors can place liens or garnish future wages/bank accounts once you do get money or property, meaning the debt and judgment can follow you for years. Ignoring the suit leads to a default judgment against you, making collection easier for the plaintiff. 

Can I sue for $1?

The one dollar amount is significant because that one dollar can trigger a statute which awards the prevailing party fees and costs in certain areas of the law, including areas of civil rights law. These awards of attorney's fees and costs can often be quite large.

What is the minimum debt to be sued?

In short: Debt collectors typically start considering lawsuits for amounts around $1,000 to $5,000, but there's no strict rule. If your debt is within that range, or if you've ignored collection calls or letters, you could be at risk of being sued.

Can you use a song after 20 years?

Yes, you can use a song after 20 years, but it depends on whether its copyright has expired; most modern songs remain protected for life of the author plus 70 years, but older songs (pre-1978) might be entering the public domain, allowing free use, though you still need a license for specific recordings or new performances. After 20 years, you'll likely still need permission (a license) to use popular songs, but some older, obscure works might become free to use (public domain). 

What is the golden rule of copyright?

We're all probably familiar with the saying, "If it's not yours, don't touch it." Copyright laws adhere to the same philosophy: the golden rule is to obtain the express permission from the owner, creator, or holder of the copyrighted material. Unless you're the creator of the work, you're not allowed to use it.

How long does a copyright last?

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.

How serious is copyright infringement?

Criminal Penalties For Copyright Infringement

Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense.

What is the new rule of copyright?

The Copyright (Amendment) Rules, 2025 mark an important shift in the way copyright licensing and royalty payments will function in India. The central idea behind the amendment is straightforward: payments made for using copyrighted works must move into a fully digital, traceable system.

What happens if I don't register my copyright?

Unregistered copyrights still offer protections, and an owner can still take action against infringement. However, the owner would be limited to actual damages, which may be more difficult to prove. In addition, without registration, it may be harder for an individual to prove their ownership in court.