Can I use copyrighted music in my videos?
Written by For Founders Law, a Toronto firm licensed by the Law Society of Ontario. About us
Short answer
Only with permission, unless a narrow exception applies. A song usually has two copyrights, the composition and the recording, and using it in a video generally needs a licence for both, often obtained through a platform's licensed music library or a stock music service. Canada's non-commercial user-generated content exception and fair dealing rarely cover background music in sponsored, branded or monetized content.
Music is the most common copyright problem in creator and brand content. A video that’s fine as a personal post can become a claim, a takedown or a breach of your brand deal once it’s sponsored or used in ads.
What rights are in a song?
| Right | Who usually owns it | Licence you need to put it in a video |
|---|---|---|
| The composition (melody and lyrics) | Songwriters and their music publishers | Synchronization (“sync”) licence |
| The sound recording | The record label or artist | Master use licence |
| Public performance and communication | Collected for rights holders by collective societies | Usually handled by the platform or broadcaster |
Under section 3 of the Copyright Act, the owner controls reproduction and communication of the work, and sound recordings have their own copyright under section 18. Re-recording a cover still needs the composition rights.
Does the platform’s music library cover me?
For personal posts, platform libraries are licensed for use within that platform under its terms. For branded content, many platforms offer a separate commercial library, such as TikTok’s Commercial Music Library or Meta’s Sound Collection for Instagram and Facebook, and business accounts may be limited to it because the general library isn’t licensed for business use. These terms change, so check the platform’s current rules for business accounts and sponsored posts. A licence for one platform rarely covers reposting the video elsewhere or using it in paid ads.
Is a few seconds of a song fine?
No. There’s no “under 30 seconds” rule in Canadian law. Whether a use is permitted depends on the exceptions below, not the length alone.
What exceptions might apply?
- Non-commercial user-generated content, section 29.21: an individual can use published works in a new work, but only solely for non-commercial purposes, with the source mentioned where reasonable, and without a substantial adverse effect on the original. Sponsored posts and brand content don’t qualify.
- Fair dealing, section 29 and following: for purposes such as parody, satire, criticism, review and news reporting, if the dealing is fair. A music review that plays a short clip may qualify; background music for a promo generally won’t. See what fair dealing covers.
What about “royalty-free” and AI music?
Royalty-free means you pay once under a licence, not that there are no rules. Read the licence for commercial use, paid ads, client work and platform claims. For AI-generated music, check the tool’s terms on commercial use and ownership. See who owns AI-generated content.
Who is responsible in a brand deal?
Usually whoever the contract says. Many brand deal contracts make the creator promise that all content, including music, is cleared, and indemnify the brand. Agree who licenses the music, and for which uses, before you shoot. See brand deal contracts.
What to do next
We review brand deal contracts and prepare content licensing agreements, at fixed fees on our fees page.
This guide is general information about Canadian law, not legal advice for your situation. If you’ve received a music claim or need to clear a track, book a free 15-minute consult.