If you’re not careful, blatant copyright infringement can land you in a courtroom. Those laws protect creative works of musicians. But don’t confuse the term ‘copyright free’ with ‘royalty free’ – they’re not the same! This misunderstanding can lead to legal complications down the road so it’s important to know the difference. But we’re here to tell you the difference, so there’s no need to worry . Let’s take a look at everything you need to know about the terms royalty free vs copyright free.
Before we begin, let’s cover the basics.
To better understand the circumstances that surround music without royalties/copyright, you’ll need to know how each of these is defined. Read on to learn more.
Copyright
Copyright laws discourage people from stealing the ideas of others. This is highly applicable to the music industry, especially when it comes to sampling part of a song to use during the creation of another. When a work falls under copyright, nobody except the creator can use it for monetary/promotional gain unless given explicit permission. In the event that infringement does occur, legal action can be taken.
For example, let’s assume you used another person’s song for background music on a video tutorial you created on YouTube. A few months after uploading, your video hits over 5,000,000 million views and allows you to promote an online course on your website. Shortly afterward, you receive a letter from the composer’s distribution company stating that they’re taking legal action against you. This type of scenario occurs daily and is a real possibility for someone who uses copyrighted works without explicit permission.
Royalties
Some copyright holders let others use their work for promotional purposes or financial gain. But, it often comes at a price. The creator has the opportunity to license usage rights to those who desire them. A license is a fee that’s paid in exchange for permission to use the content. There are various tiers of licensing that come at different price points. The creator generally collects royalties in the form of a percentage of the sales. Depending on the creator’s business model, higher licensing fees often result in fewer royalties being paid. It’s important to note, though, that licensing a creative work doesn’t transfer copyright ownership in any form.
What you need to know about:
Royalty-Free
As the term suggests, royalty-free simply refers to the fact that someone is not required to pay royalties to the creator for using their work. But, it goes a bit deeper than this. Royalty-free usage is often a part of a licensing negotiation. For example, a licensee could pay a large fee in exchange for both usage rights and the privilege of not paying royalties to the creator.
But, many creators offer free usage of their work without requiring the user to pay them royalties. In these cases, the licensee can’t generate a profit or promote something that would lead to a sale with that song. For example, using a royalty-free instrumental to create a song and then uploading it on SoundCloud where people can listen to it for free likely won’t be an issue. Using royalty-free music to promote your clothing brand, though, may not be allowed.
Licensees also can’t change the creative work in any way, in most cases. So, pitching a song down, up, modifying the tempo, or otherwise changing the way it sounds will nullify your license agreement. Composers will sometimes offer royalty-free, for-profit use of their creative work as a means of promoting themselves. But they can collect royalties if their song is modified.
What you need to know about:
Copyright-Free
Something that is copyright-free is far more straightforward. Copyright-free material has been previously copyrighted but is no longer classified in that way. Copyrights expire after a certain period of time, and this varies among different countries. A common scenario in which this occurs is when the composer of a musical piece has been deceased for a certain number of years. At this point, the work is often released from the copyright and its usage becomes far more accessible.
Business-wise, though, the copyright for creative works is exchanged on a daily basis, especially in the entertainment industry. A movie producer, for example, may approach an author about securing partial copyright ownership for a literary work so that it can be adapted into a film. Copyright can be sold in full or partial rights can be transferred depending on the needs of the creator and the individual who seeks usage.
Afterward, the copyright purchaser will often be able to modify and utilize the creative work as they see fit. Depending on the agreement, copyrighted works that have only a partial transfer of right ownerships may still require the other party to pay the creator royalties.
Understanding The Difference Between Royalty Free vs Copyright Free Can Seem Difficult
But it doesn’t have to be.
With the above information about the terms royalty free vs copyright free in mind, you’ll be well on your way to ensuring that you take the path that’s best for you (and stay within the law while doing so).
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