Here’s a guide to understanding copyright, using content responsibly, and what to do if you ever receive a claim. We’ll cover:
01. Copyright basics: Understanding and using copyrighted content
02. How to avoid copyright infringement
03. Copyright issue? What to do next
04. Publishing your content in the right place
05. One more thing: Platform rules and content guidelines
06. What to do if you need more help
Copyright can be complicated, especially when you’re creating a podcast that may include music, clips, or material from other creators. We want to make it easier to understand so you can make informed decisions about what you include in your show.
First, the basics: Copyright helps creators and rightsholders control how their original work is used, and helps make sure they’re fairly compensated for it. So, when you include someone else’s music, audio, video, or other intellectual property (IP) in your podcast, you need permission or the appropriate rights to use it.
Using someone else’s copyrighted work without the necessary rights, permission, or a valid exception is copyright infringement. If a copyright issue is identified, we’ll let you know and help you understand what happened and what options you have.
We’ll explain more about the different types of copyright actions and what they mean below.
The best way to avoid copyright issues is to understand what you can and can’t use before you publish. Let’s clear up a few common copyright myths and misconceptions:
I can use any piece of media (music, audio clips, movie clips, etc.) as long as it falls within the “under 10 seconds” rule.
Not necessarily. There isn’t a universal rule that allows you to use copyrighted material simply because the clip is short. Even a brief clip may require permission.
I gave the original creator credit, so I can use their work.
Giving credit is important, but attribution alone generally doesn’t give you permission to use copyrighted material. You still need to make sure you have the appropriate rights to use it.
I have the rights to the content because I bought a copy of [song, movie, etc.]
Buying or subscribing to content for personal use generally doesn’t give you the rights to include that content in something you create and distribute, like a podcast.
I’ve heard about “fair use,” and think I should be fine.
In the U.S., “fair use” can allow copyrighted material to be used without permission in some situations, such as commentary, criticism, or news reporting. But whether fair use applies depends on specific circumstances, and other countries have different rules or exceptions. If you’re relying on fair use or a similar exception, make sure you understand how it applies to your content.
I don’t make money from my show, so copyright rules don’t apply.
Copyright rules still apply whether or not you make money from your podcast. A show being small, free to listen to, or not monetized doesn’t automatically give you permission to use someone else’s copyrighted work.
Want to include music, clips, or other content you didn’t create in your podcast? There are a few ways to do it while respecting copyright. Depending on the content, you might be able to get permission or a license, use content available under a Creative Commons license, or use work that’s in the public domain.
Not sure whether you can use someone else’s work? The U.S. Copyright Office and European Union Intellectual Property Office offer additional information about copyright and using protected works.
If you want to use someone else’s copyrighted work, you may be able to get permission or a license from the rightsholder. Depending on the content, that could mean working with an artist, label, publisher, studio, or another rightsholder. You can also commission someone to create original music or other content specifically for your show.
Another option is licensed content from music, sound effect, or video libraries. Some services offer content that is described as “royalty-free,” but that doesn’t necessarily mean it’s free to use however you want. Different services and licenses come with different rules, so always check that your license covers how you plan to use the content in your podcast.
Looking for somewhere to start? Riverside has put together a list of royalty-free music services for podcasters. Remember to check the terms of any service or license before using content in your show.
Works in the public domain are no longer protected by copyright and can generally be used without permission. A work might enter the public domain because its copyright has expired or for other reasons under applicable copyright law.
But it’s important to check before using something. Copyright rules vary by country, and just because an original work is in the public domain doesn’t mean every version of it is. For example, a classical composition may be in the public domain while a newer recording of that composition is still protected by copyright.
The Public Domain Review’s guide includes resources for finding public domain works online.
Creative Commons (CC) licenses allow creators to give others permission to use their work under certain conditions. Depending on the license, you may need to credit the creator, limit how you use or modify the work, or follow other requirements.
Always check the specific Creative Commons license before using the content to make sure your intended use is allowed. You can explore CC-licensed content through the Creative Commons search portal.
Before publishing an episode, take a moment to think about anything in it that you didn’t create yourself. That could include music, audio or video clips, broadcasts, movie or TV clips, recordings of live events, or other copyrighted material.
If your episode includes someone else’s work, ask yourself: Do I have the rights, permission to use it, or is my use covered by a copyright exception?
If you’re not sure, it’s worth checking before you publish. You may need to:
Remember, using only a short portion of someone else’s work, giving them credit, or not making money from your podcast doesn’t necessarily give you the right to use it.
Spotify provides tools that help rightsholders identify and manage uses of their copyrighted works in podcasts. We also use automated systems to review and identify content that may use third-party material without permission.
If you receive a notice from Spotify about copyrighted material in your podcast, what happens next depends on the type of content and how it was identified. We’ll let you know what happened and give you options to respond.
Across these processes, our goal is to help keep creator content available whenever possible, while making sure rightsholders’ intellectual property rights are respected.
Whether you publish audio, video, or both, respecting copyright is equally important. But because audio and video work differently on Spotify, the way copyright issues are identified and handled can differ too. Here’s what you need to know.
Rightsholder Claims
A Copyright Claim is a formal submission from a copyright owner or their authorized representative who believes their work is being used without permission. If Spotify removes content in response to a Copyright Claim, a copyright strike will be added to the show and the user(s) who published it. Multiple copyright strikes will result in additional consequences to your show and account.
This type of claim can apply to both audio and video content. Take a look at the Copyright Claims section for more details.
A Rights Claim happens when a rightsholder identifies their content in an episode and indicates how Spotify should handle that use. Depending on the type of content, this type of claim can affect where your episode is available or how earnings are shared, but it won’t result in a copyright strike.
Rights Claims can currently only be applied to video content. Learn more about how it works below.
Spotify Reviews
Spotify also reviews audio and video content to ensure it is in line with our various content policies. If Spotify’s automated review system identifies third-party content in your episode, you will receive a notice from Spotify. The type of action taken by Spotify will depend on the type of content and violation.
A Copyright Claim is a formal request from a copyright owner or their authorized representative to remove content they believe infringes their copyright.
If Spotify removes content in response to a Copyright Claim, we’ll let you know and a copyright strike will be added to the show and the user(s) who published it. A copyright strike will not apply in response to a Rights Claim.
A strike is more serious than the other copyright actions described in this blog. Repeated copyright strikes can result in additional action, including removal of your show or termination of your Spotify account. If your account is terminated for repeated copyright violations, any shows managed within the account will also be removed from the service.
If your content is removed because of a Copyright Claim, we’ll notify you and provide information about the claim and your available options, including, if applicable, an appeal.
If you believe the claim was made in error, you have the necessary rights to use the content, or another valid legal basis applies, follow the instructions in your notice to understand your options for challenging the claim.
Music can be a great part of a video podcast, and Spotify is working with rightsholders to make it easier for creators to use music in their video episodes.
Spotify provides participating music rightsholders with the Spotify Rights Center, a tool that helps them identify and manage uses of their music in video episodes. Rightsholders decide how their music can be used on Spotify. If their music is identified in your video, they may place a Rights Claim on your episode.
Depending on the rights associated with the music, the rightsholder may choose to:
Rightsholders can apply different actions in different countries or regions. If your episode receives a Rights Claim, we’ll notify you through Spotify for Creators and via email to provide information about the music that was identified and any actions applied.
Rightsholders may also choose to submit a Copyright Claim against your content, which could result in your episode being removed from the service. Learn more about this process here.
You generally have two options:
Follow the instructions in your notice to make sure your response is submitted correctly.
Music rightsholders directly review disputes involving their own music, because they know what rights they hold and what they've licensed.
Spotify runs the process, holds rightsholders to our standards for reviewing disputes, and tells you the outcome. If a rightsholder denies your dispute and you still believe the claim is wrong, you may be able to appeal.
If you’re part of the Spotify Partner Program, a Rights Claim can affect how earnings from that episode are shared. Some or all of the applicable earnings may go to the music rightsholder. This only affects earnings from that episode, not your entire show.
If you file a dispute with the rightsholder, we hold earnings associated with the disputed use until your dispute is resolved, then release them to you if your dispute succeeds. Earnings paid out to the rightsholder before you filed aren't reversed. Filing disputes promptly helps protect more of your earnings.
You can always track your earnings in your monetization dashboard.
If the rightsholder decides to uphold their claim, we’ll let you know. Any restrictions may remain in place, and withheld earnings may be paid to the rightsholder.
If you still believe the claim is incorrect, you may have the option to appeal. We’ll let you know if an appeal is available and how to submit one.
No. A Rights Claim through Spotify Rights Center is different from a Copyright Claim and doesn’t by itself result in a copyright strike.
A rightsholder could still submit a Copyright Claim if they believe their work is being used without authorization. Learn more about Copyright Claims and strikes below.
Music isn't the only copyrighted material that can appear in a video episode. Spotify uses automated systems to review and identify video episodes that may contain unauthorized third-party video content, and may remove content under our Intellectual Property Policy.
If your content has been flagged, we will notify you via email. If you believe your content was removed in error, you can appeal the decision through a link within the original notice. We review appeals as quickly as we can and will notify you of the outcome.
Spotify uses automated systems to identify music that is used in audio episodes. If music is identified in your podcast, we send you a notice asking you to provide more information about how you’re using it. A notice doesn’t necessarily mean you’ve done something wrong. We simply need more information about your use of the music.
Follow the link in the notice to review the identified content and tell us whether:
It’s important to respond within the timeframe listed in the notice. If you don’t respond, the identified episode will be removed from Spotify, though you may be able to file an appeal.
Information you provide may be shared with the relevant rightsholders for review, so make sure the information you provide is complete and accurate. If a rightsholder believes their work is being used without authorization, they might request that your content be removed from the service or submit a Copyright Claim, which will also result in the episode being removed as well as a Copyright Strike.
You can remove the reported episode through the link provided in your notice. You can also replace third-party material with content you have the appropriate rights to use.
Yes. Just because an episode wasn’t identified doesn’t necessarily mean you have the appropriate rights to all its content. Other uses may be identified later or reported by rightsholders. If you use third-party material across your show, we recommend reviewing your other episodes to make sure you have the appropriate rights or permission.
Spotify can provide information about actions affecting your content, give you tools to respond where available, and restore content when a restriction is withdrawn or otherwise resolved.
But we can’t grant you rights to someone else’s content or resolve a rights dispute on your behalf. If you believe a claim was made in error, you need to work directly with the rightsholder or provide us with documentation showing that you have permission to use the copyrighted material, or that a relevant copyright exception exists. Follow the instructions in the email you received from us to understand your options and what to do next.
Spotify is home to podcasts, music, audiobooks, and more, with experiences designed for each type of content. To make sure your work reaches listeners in the right way, it’s important to publish it in the right place. Each type of content also has different payment structures, so publishing it correctly helps make sure the people behind it are properly compensated.
On Spotify, podcasts shouldn’t be used to distribute music tracks, DJ mixes, or similar music content, even if you have the rights to that music. Content that doesn’t follow this policy will be removed from Spotify, and we’ll let you know by email if your content is affected.
Want to get your music on Spotify? Check out our Spotify for Artists to learn more about distributing your music.
Similarly, published books and their audio recordings should be distributed on Spotify as audiobooks, rather than podcasts.
If a podcast is being used to distribute content that belongs in the audiobook experience, it will be removed. If you’re an author or publisher looking to bring an audiobook to Spotify, visit Spotify for Authors to learn more.
Copyright is just one part of publishing responsibly on Spotify. We are home to a wide range of creators, voices, and perspectives, and we work hard to keep Spotify safe and welcoming for everyone. That’s why we have rules about the types of content that are and aren’t allowed on our platform.
All content on Spotify must follow the Spotify Platform Rules, User Guidelines, and our Terms of Service. Content that violates these rules may be removed, and in some cases, an entire show or account may be suspended or removed.
Our policies may evolve over time, especially as the world around us changes, so it’s always a good idea to review the terms above before you publish.
We know copyright can be daunting, but a little preparation can go a long way. Before you publish, know what’s in your content, make sure you have the rights or permission you need, and understand Spotify’s policies.
And remember, if you do run into an issue, you have options. We’ll let you know if your content is affected and help you understand what you can do next.
Still have questions? If you need help with your show or episodes, understanding a claim or restriction, or figuring out your next steps, reach out to our team.
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