Using other people's music without a licence is theft
We are deliberately exaggerating with the word “theft” here.
But the problem is very real.
Using someone else's music without its author's consent is a serious copyright infringement with specific legal consequences.
Why do we say “theft”?
Technically speaking, it is not theft in the legal sense – the criminal offence of theft under the Criminal Code (Act No. 40/2009 Coll.) concerns taking a physical thing, not an intangible work. But we borrow the image, with some exaggeration, because the result is morally very similar: You take something that does not belong to you, and without the consent of the person who created it.
The correct legal term is unauthorised interference with copyright, or copyright infringement. And that carries specific civil – and in certain circumstances even criminal – consequences. That is what this whole article is about.
Act No. 121/2000 Coll. – the Copyright Act
All protection of musical works in the Czech Republic is governed by Act No. 121/2000 Coll., on Copyright (the Copyright Act). It clearly states that you must not use someone else's work without the author's licence – not even a part of it, a “reworked” version or a performance at a different tempo. Permission must be agreed by contract in advance.
What exactly is not allowed without a licence?
Without a valid licence from the rights holder, you must not use any of the following in your own recording:
- A sample from someone else's recording – any excerpt or sound fragment from an existing recording by another artist, regardless of its length.
- A melody or harmony from a protected work – even if you replay it yourself on a different instrument, the melody remains the property of its author.
- Lyrics from someone else's song – quoted lyrics are subject to the same protection as music.
- A backing track or beat you do not have a valid licence for – downloading it from the internet for free, or it being “free to download”, does not make it free to distribute.
- Any part of a work that is still protected – copyright protection lasts for the author's lifetime and a further 70 years after their death (Section 27 of the Copyright Act).
Watch out: Two layers of rights
Every recording carries two mutually independent layers of rights: The rights to the musical work (the composition and lyrics – held by the author) and the rights to the recording itself (held by the producer of the sound recording – a label or the artist themselves). If you want to use, for example, the chorus of someone else's song, getting the consent of the lyricist or composer is not enough – you need the consent of both rights holders. The rights of the producer of a sound recording are governed by Section 75 et seq. of the Copyright Act.
The most common misconceptions and excuses that lead to problems
We hear these sentences very often. They may be understandable to some – but they cannot be defended legally.
The Copyright Act does not set any minimum length from which protection applies. Even two bars of a melody, one distinctive riff or a single bar of drums can be original enough to be protected. The length of the excerpt is irrelevant.
Adapting someone else's work (slowing it down, pitch-shifting, reverb, chopping) is in itself an act that legally requires the consent of the author of the original work. Changing the tempo or the sound parameters does not transfer the copyright to you.
The fact that a work is on the internet – whether on YouTube or SoundCloud – does not mean it is free to use. “Free to listen to” and “allowed to use in my own recording” are two fundamentally different things.
Not even the author's death means that protection ends immediately. Works are protected for 70 years after the author's death (Section 27 of the Copyright Act). And watch out – even if the composition itself is in the public domain, a specific recording (sound recording) may still be protected.
What the law says specifically
Overview of the relevant provisions of the Copyright Act (CA)
The author has the exclusive right to use the work in any form. Anyone else needs their permission to use it – in other words, a licence.
A rights holder whose rights have been infringed without authorisation is entitled to the surrender of unjust enrichment amounting to twice the usual licence fee.
In the event of an infringement, the rights holder can demand that the unauthorised conduct stop, that the unlawful situation be remedied, reasonable satisfaction (including in money) and compensation for damage.
The Criminal Code (CC) treats the unauthorised use of a copyright-protected work as a criminal offence – especially in the case of commercial use or use on a larger scale. Penalties include a fine or imprisonment for up to two years.
What exactly you risk
The legal consequences of using someone else's work without authorisation fall into three areas:
Financial claims
Twice the usual licence fee as unjust enrichment, damages and legal costs – regardless of whether the unauthorised use of the work earned you anything or not.
Removal from distribution
The rights holder can demand the immediate removal of the recording from all platforms and a ban on its further distribution. Earnings may be blocked or reclaimed.
Criminal penalties
In the case of commercial use or repeated infringement, a criminal complaint under Section 270 of the Criminal Code may follow.
Ignorance of the law is no excuse
“I didn't know I wasn't allowed to” is not a legally relevant defence. The duty to find out whether you have the relevant rights to a work lies solely with you, as the person using the work. We cover this principle in more detail in the article Ignorance is no excuse.
How to do it right
You can use someone else's music, beat or sample in your own recording – but you need to do it properly and in advance. Here are the basic steps:
How to do it legally
- Find out who holds the rights to the work you want to use – there may be several of them (the lyricist, the composer, the owner of the recording).
- Get a written licence from each rights holder before recording and distribution. A verbal agreement is not enough.
- If you are buying a backing track or beat online, read the licence terms carefully – what you can and cannot do (distribution, monetisation, Content ID).
- When distributing, fill in the Songwriter field correctly and list all the rights holders in the recording metadata. Licence terms usually require this.
- In the recording form, answer the questions in the Track origin section truthfully. If you have used a backing track from the internet (a beat, an instrumental, a karaoke version or a sample pack that the entire backing track is made from), you upload the licence as a PDF with the recording – without it, you cannot send the release for distribution.
- If you are not sure whether a particular work is protected or how to obtain a licence, ask someone who knows their way around copyright.
Also remember that if you have distributed a recording containing someone else's content through us without a licence and we find out, we are obliged to remove it from distribution. A missing or fake licence is also a serious breach of the Framework Agreement and the Terms and Conditions – three such breaches mean your account will be closed (see What is prohibited and how we deal with violations).