Copyright Law

How to Find Copyright Owners For Covers and Samples

Want to use a someone else’s audio legally but don’t know who owns it? This expert guide shows you how to find copyright holders fast – and get the permissions you need without the legal headaches.

from Horus Music

While you can usually buy a cover license for a song online, if you ever need to obtain a license for use – because, for example, you want to sample an audio clip or use someone else’s audio in a video – you will need to find the copyright owners. 

The right people can be hard to track down if you don’t know where to look, and you certainly haven’t got time to waste. This comprehensive guide will show you how to reach the copyright owner of virtually any song or creative work quickly. It includes information on where to start as well as a useful list of the tools and resources that will help you check music for copyright, then find and approach the right contact.   

Using copyrighted material without permission is a risk that no individual or business should be prepared to take. The legal consequences of using this content in an unauthorised manner may include fines or lawsuits for copyright infringement. Additionally, any unlawful content could be removed through DMCA (Digital Millennium Copyright Act) takedown notices, which can harm your reputation and result in account suspensions on platforms like YouTube or Instagram. So, as you can imagine, it’s vitally important to check music for copyright and ask the person (or people) who own it for their consent before working it into any future project.  

While it can be a pain for those of us who want to take advantage of someone else’s genius, securing proper licensing provides clear benefits if you are the creator of such content. It helps you avoid legal trouble and ensures your hard work stays online. Licensing also makes sure you are compensated fairly for your efforts and gives you total peace of mind that your intellectual property is protected, wherever it might end up on the web.  

Some Info on Music Copyrights 

Before looking for who owns copyright to a song, remember that you will most likely need multiple permissions. This is because when it comes to song copyrights, there are two different kinds. The first is the musical composition, which represents the written song. The second is the master recording, which represents the recording of that song. If you were going to sample a piece of music, you would be using both the recording and the composition – so, in this case, you need permission to use both copyrights. 

Composition rights are usually owned by a publisher, whereas the recording rights are usually owned by the record label. However, be aware that in some situations the artist can retain rights to their own recordings, which is why it’s always best to check.  

Before using another person’s work, you’ll also need to establish whether it’s copyrighted or in the public domain. Copyrighted material is legally protected, and you’ll need explicit permission to use, share or copy the work – but content in the public domain is free to use and can be modified or distributed without the owner’s go-ahead (and, crucially, without paying any fees). These works might be in the public domain because their copyright has expired, the creator waived their rights, or they were never eligible for copyright (as is the case with certain government documents). 

There are a range of websites you can use to try and track down the copyright owners (and find out if a song is copyrighted at all). Here are some of the main copyright checkers: 

PRS for Music – As the PRO for the UK, PRS for Music has a large database that allows you to search for copyright owners of UK songs 

Copyright Licensing Agency – Another UK-based organisation that offers blanket licenses. Reassuringly, it is regulated by the UK government    

ASCAP ACE Database – ASCAP is a major PRO for America and has a large database of composition rights information for you to search. Some search results also include contact information for the owners. 

ISWC Network – An ISWC (International Standard Musical Work Code) is the number used to register a composition so that the royalties made from that performance can be traced back to the copyright owners whenever it is performed live. This network lets you search for a release using the title or artist name 

United States Copyright Office Public Catalog – This database shows you all the copyrights registered with the US copyright office from 1978 onwards, along with who exactly registered that copyright 

Worldcat – This database can be used to search any CD releases and see who the publisher and label behind the release. From there, you can get in touch with the publisher or label to request a license. 

AllMusic – This is mainly a reviews site for music, but it does include a credits section with each release so you can see who the publisher and label are. It is worth noting that not all information on this site may be accurate 

Access Copyright (Canada) – This country-specific site, in its own words, aims to “make it easy for everyone to reuse, remix and share their own selections of content”. It offers an advanced search function that’s straightforward to use and enables you to check permission requirements for different audiences (for example, libraries, schools, or the public sector).   

Contacting the Owners 

Once you have found the company that owns either of the copyrights for a song, visit their website to find their contact information..

If you’re finding it difficult to find out who owns the copyright – or you’re finding the search to be tedious, and what to speed up the process – your best option may be to hire a copyright lawyer and instruct them to do all the hard work on your behalf.  

A copyright lawyer can conduct a thorough rights search using industry databases like the US Copyright Office, taking advantage of online search tools like ASCAP Repertory Search, BMI Songview Search or SESAC Repertory Search (for performance rights), and examining music publishing records to find the information you need.  

They can interpret complex ownership structures – such as when multiple parties share rights – and reach out to publishers, labels, or estates if the owner is hard to locate. The lawyer can also draft and send enquiries or license requests on your behalf and take a look over any licenses or contracts from a professional standpoint. They can also advise on legal options if the owner remains untraceable, such as putting together a fair use defence or using the work under what we call risk-managed conditions in cases where the creator isn’t findable or available. You might also hear this ‘unclaimed’ content referred to as orphan works.  

  • If you’re trying to find out who’s responsible for certain movie or TV show content, you can try approaching organisations like MPLC and Swank, which both issue licenses for the public performance of audiovisual materials. MPLC offers a blanket license, while Swank’s licenses are intended to support public screenings that are non-theatrical.
  • For books and other written content, your first ports of call should be the Copyright Clearance Center (CCC) or WATCH (Writers Artists and Their Copyright Holders), the latter of which boasts an extensive database of copyright contacts across many creative areas.
  • Reverse image search tools like PicScout are fantastic for finding out who owns certain photos and other visual content.

To ensure you get a response from the copyright owner (and the outcome you want), it’s best to go into as much detail as possible with regards to the content you want to use and how long you want to use it for, so the owner has a clear understanding of where their work will end up.  

It’s also a good idea to clarify any payment terms straightaway. This will help you budget for your purchase, and it also signals to the creator that you respect their time and their work and do not necessarily expect to obtain the rights to it for free.  

Here’s a template you can use when reaching out to copyright owners. Feel free to amend it according to your needs: 

Subject: Request for licensing permission – [Song title] 

Dear [rights holder’s name or licensing department], 

I hope this message finds you well. My name is [your name], and I am reaching out to request permission to use the song “[song title]” by [artist name] in [project details]. 

The project will be [brief details – for example, you’ll need to specify whether it is commercial or non-commercial, your chosen distribution method, the intended audience, etc], and I want to ensure all rights are properly secured. Could you please let me know the process for obtaining a license and any associated fees? 

Thank you for your time and consideration. I’m happy to provide more details if needed and look forward to hearing from you. 

Best regards,
[Your full name]
[Your contact info]
[Your company, if applicable] 

Remember, you may need to send this letter to the creator themselves or their publisher or agent (or a combination of the three). Best of luck with your request!  

For any additional questions you may have about releasing cover songs, or song using licensed samples to global streaming platforms, feel free to Contact Us.

Share on:

Comments

Email address is not displayed with comments

Note: Use HTML tags like <b> <i> and <ul> to style your text. URLs automatically linked.


The reCAPTCHA verification period has expired. Please reload the page.