“I Do Not Own the Rights to this Music” Does Not Give You the Right to Use It (2024)

3/4/2021

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By Attorney Kelly Jesson

While surfing through social media, have you ever seen someone post a photo or video set to music and add the caption “I do not own the rights to this music”? We assume people are doing this in hopes of getting around copyright laws. We assume they think that, by disclaiming ownership, they won’t get in trouble, but that is incorrect.

A copyright protects an original work of authorship, whether in writing, video, or audio form. A person infringes on a copyright if the person uses the work without permission, even if they put out a notice that they don’t own the music. To be clear, simply using the work is infringement; not pretending you created it.

A copyright owner can seek damages if you use its work without permission. There is a narrow exception called “fair use,” but it only applies when people use a work for criticism, comment, news reporting, teaching, scholarship, and research. Most social media posts are not going to fit into this category.

Also, taking a picture from someone else’s website or social media and sharing it yourself is also copyright infringement. You may have heard of celebrities getting sued for posting pictures of themselves that someone else took.

Bottom line: If you didn’t create it, don’t post it without permission. If you have any questions about getting a federal copyright for your original work, please give Jesson & Rains a call!

“I Do Not Own the Rights to this Music” Does Not Give You the Right to Use It (2024)

FAQs

Do I have to say I do not own the rights to this music? ›

Using a disclaimer such as “I do not own the rights to this music” does not make it legal to use copyrighted songs without permission or proper licensing. Such a disclaimer can be seen as an admission of guilt, acknowledging that the user knows they are using copyrighted material without authorisation.

Why do people on Facebook say I don t own the rights to this music? ›

“I don't own the rights to this music Facebook” is a statement used by individuals or pages on Facebook when they post a video or audio clip containing copyrighted music. The statement informs viewers that the individual or page does not have permission to use the music.

How do you say you don't own copyright? ›

Give credit to the original copyright owner. Add a disclaimer like “I don't own the rights” or “no infringement intended” Added your own material to the original content.

Do you have to post I don t own the rights to this music on Facebook? ›

It is essential to understand that adding the disclaimer “I don't own the rights to this music” does not provide legal protection or permission from the copyright holder. To avoid copyright violations, it's crucial to follow the guidelines for sharing pieces of music legally and respecting the rights of creators.

How do I legally play music on Facebook Live? ›

Choose music from a royalty-free library

If you want to play music on your Facebook Live stream and not get slapped with a copyright violation, you have to play music that is either in the public domain, royalty-free or original.

How do you put background music on Facebook without copyright? ›

Use Facebook's Sound Collection: Facebook offers a library of tracks that are free to use for any videos you create and share on their platform. It's an excellent resource for adding soundtracks to your content without copyright worries.

Can you get in trouble for using music on Facebook? ›

You are responsible for the content you post or promote

Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Products. Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses.

What happens if I post copyrighted music on Facebook? ›

If music rights change on Facebook, and you've added a song to your story or reel that Meta no longer has the rights to, your video will be blocked from being viewed by other people or will be muted.

What disclaimer to put on Facebook for music? ›

A Facebook copyright disclaimer example could state: No copyright infringement is intended. I do not own nor claim to own the rights to any of the [type of content] shared.

What should I put in my description to avoid copyright? ›

No copyright infringement intended” or “I don't intend to infringe copyright” is a disclaimer people use when they incorporate copyrighted material into their content without permission. They assume that by declaring their intention not to violate copyright, they can avoid the associated legal repercussions.

How do you put a disclaimer to avoid copyright? ›

The copyright disclaimer typically has four parts: the copyright symbol, the year of the page's publication, the name of the website's owner, and a statement reserving the rights of the site's owners to the site's content. The last part is optional, although it's encouraged for clarity and completeness.

Do I own the rights to my music? ›

Copyright protection for your music is granted automatically when you record the song, but if you want the full power of the law behind you, you have to register the copyright.

Do I own the rights to my song? ›

The words (or lyrics) of a song are a 'literary work'. Both are protected in the same way. Copyright in a musical or literary work lasts for 70 years after the end of the year in which the author dies. The musical work then becomes public property or 'public domain'.

Why do people post they don't own the rights to music? ›

If you are not familiar; people who post a video or slide show or any content that uses music, are posting this phrase as a way to get out of copyright infringement.

How much of a song can be used without violating copyright? ›

There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circ*mstances.

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