How to check if something is copyright free?

Asked by: Dr. Catharine Prosacco PhD  |  Last update: January 30, 2026
Score: 5/5 (53 votes)

To know if something is copyright-free, you must assume it's copyrighted and then check for public domain status (e.g., works before 1927), U.S. Government works, or look for explicit Creative Commons (CC) licenses, often found on sites like Wikimedia Commons or through Google's image search tools; if unsure, search the U.S. Copyright Office records, but remember unlisted items are still protected, requiring you to find the owner for permission.

How do I know if something is copyright free?

Search the Copyright Public Records System

The Copyright Public Records System (CPRS) provides copyright registration and recordation data with advanced search capabilities, filters, and improved interfaces.

How do I know if something is protected by copyright?

Copyright protection arises automatically when a work is created and generally subsists until 70 years after the author's death, though this can vary depending on the type of work and where you want to use it.

How to check if your content is copyrighted or not?

The Copyright Match Tool can also find matches where the audio may be replaced or dubbed. If someone used a portion of your song or audio content in their video, it won't be surfaced by the Copyright Match Tool.

Is there a website to check copyright?

Search Copyright Records: Copyright Public Records Portal

This is your starting point for finding copyright records held by the Copyright Office. Here, you can search our online records, learn about our searching and retrieval services, and view educational videos and materials.

How To Tell If a Song or Music Is Copyrighted?

43 related questions found

How do you verify a copyright?

The U.S. Copyright Office offers a search service for persons interested in investigating whether a work is under copyright protection and, if so, the facts of the copyright. For a fee of $200 per hour or fraction thereof (2 hour minimum), the office will search its public records and provide a report of its findings.

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. 

How much does a copyright checker cost?

The U.S. Copyright Office offers a search service for persons interested in investigating whether a work is under copyright protection and, if so, the facts of the copyright. For a fee of $200 per hour or fraction thereof (2 hour minimum), the office will search its public records and provide a report of its findings.

Can I use 2 seconds of a copyrighted song?

No, there's no magical number of seconds (like two) that makes using a copyrighted song legal; even a tiny snippet can be infringement, as it depends on the context of "fair use" (transformation, purpose, amount) and copyright holders can claim or strike your content, though short clips are less likely to be detected automatically. The safest bet is always to get permission, use licensed music libraries, or ensure your use is highly transformative (like parody). 

How do you identify copyright?

If you are using material from a journal article or a book, check the copyright statement (usually found at the front or rear of the publication) or look on the publisher's website. For material found on the internet, look for a copyright statement or credit line on the website where you found it.

Can I do a TM search myself?

Yes, you can do a basic trademark search yourself using the USPTO's free online database (TESS) to check for conflicting marks, which is a crucial first step to avoid application rejection and costly legal issues later, but a truly comprehensive search involves complex analysis (like "likelihood of confusion") and is often best left to a professional attorney to catch subtle similarities in marks, designs, and goods/services. 

What are the three things not protected by copyright?

Ideas, facts, and concepts are not protected by copyright law. Although they are not protectable by copyright, the expression of those ideas, facts, and concepts are protectable, such as in a description, explanation, or illustration or as a database of facts.

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 are the four fair use exceptions to copyright?

Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

Are copyright checkers accurate?

A quick search will bring up many 'copyright checker' websites. Some claim to tell you if a song is protected or safe to use. But in most cases: These tools are not official or legally reliable.

Is Spotify copyright-free?

No, Spotify is not royalty-free music. It doesn't hold the rights to any of the songs in its library. Instead, it pays artists a royalty fee for their songs each time the song is streamed on Spotify. So, since Spotify does pay royalties, it is not considered “royalty-free.”

What is the 3 minute rule in music?

The "3-minute rule" in music refers to the traditional length of hit pop songs, rooted in the physical limitations of early vinyl records (78 rpm) and the commercial needs of radio for ad space, creating a standard ~3-minute format that became ingrained in listener expectations and songwriting structure, though modern technology allows for longer tracks. This convention encouraged concise, catchy songs with clear hooks and verse-chorus structures that fit the format, influencing artists for decades.
 

How much to license a Taylor Swift song?

Taylor Swift reacquired the master recordings and rights to her first six albums from Shamrock Capital in 2025 for approximately $360 million, the same price Ithaca Holdings (Scooter Braun's company) reportedly paid for them in 2020. This deal, which includes music videos, artwork, and unreleased material, finally gave Swift full ownership and control over her early catalog after a long dispute.
 

How long does 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.

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 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.

How long is Mickey Mouse copyrighted?

The copyright for the earliest Mickey Mouse, specifically the version from the 1928 film Steamboat Willie, expired on January 1, 2024, entering the U.S. public domain, but Disney retains strong trademark rights and copyrights on all later versions of Mickey, so only the non-speaking, simple design from Steamboat Willie is free to use, leading to new creative works like horror films while Disney aggressively protects its modern iconic mouse. 

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.