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Understanding Music Copyright & Licensing
We assembled a few resources to help you understand and navigate some of the common terms used and what to look for when searching for content such as music to use in your own adult content.
- What does “Copyright” mean?
- What does “T.O.S. (Terms Of Service)” mean?
- What is a “Licensing Agreement”?
- What is a DMCA or Takedown Notice?
- What can I do if I receive takedown notice?
- What should I look out for when searching for music on the web?
Even with brief explanations it becomes clear that often licensing and copyright issues can be hard to understand. The safest solution is to use services such as ours, that safeguard against copyright and license issues with flexible and affordable licensing terms, specifically with adult content in mind. Check out our extensive Music and SFX library today.
What does “Copyright” mean?
“Copyright is a legal right that protects original works of authorship, like books, music, and art, granting the creator exclusive control over their reproduction, distribution, and other uses for a certain period. Essentially, it’s the legal right to copy and control the use of creative works.” – Google
So what does that mean for you?
It basically means when you search the web and you get results back that fit your description, even if you are able to download, stream or play the content, you cannot just use content as you like. Doing so violates the owners copyright and leaves you vulnerable to legal action.
There are a few exceptions to this rule, usually for very old or expired copyright, but it is important you familiarize yourself before you use any content that isn’t yours. The Copyright Alliance has a more extensive description of what copyright entails here.
What does T.O.S. (Terms Of Service) mean?
“Terms of Service, also known as Terms of Use and Terms and Conditions, are the legal agreements between service providers and the service consumers. The person must agree to abide by the terms of service in order to use the offered service.” – Wikipedia
T.O.S. stands for “Terms of Service”. It explains if and how you can use the material in your content. They are usually notoriously long and hard to read, as they cover a lot of legal ground.
Most popular stock library services T.O.S., such as Adobe, Envato, etc., do not allow any use in adult content.
This is why we recommend using content from libraries such as Strokehouse to avoid any unnecessary risks.
Check out our Music and SFX library today.
What is a “Licensing Agreement”?
“Licensing agreements grant a licensee the right to use the licensor’s intellectual property (like trademarks, patents, or copyrighted material) for commercial purposes. Essentially, the licensor is renting out their intellectual property to the licensee, typically in exchange for upfront fees and/or royalty payments based on usage”.
There are many types of licensing agreements based on what and where you would like to use the content, such as streaming, broadcast (television, radio) etc. For most adult content usage, such as streaming platforms, you would be covered under a “Sync” license.
For an explanation on the types of license that applies to you, read the trackclub.com’s, “The 6 different Types of Music Licenses Explained”.
It’s important to remember that the licensing agreements for popular stock libraries services such as Adobe, Envato, etc., do not allow any use in adult content.
To ensure you are using content which has been cleared for adult content, use services such as ours. Check out our Music and SFX library.
What is a DMCA or Takedown Notice?
“The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites.”
– Copyright Alliance”
DMCA stand for “Digital Millennium Copyright Act” and is used to remove unlicensed material. copyrightalliance.org has a great explanation here.
What can I do if I receive takedown notice?
You do not want to find yourself of the receiving end of a takedown notice. It usually means you are using someone’s content without their permission.
You will be forced to remove all products associated with the violation and replace the source material with content you have the right to use. This is a major headache as you’ll have to upload gas verification documentation and associated files etc all over again.
This is why we recommend using content from libraries that allow adult use, such as Strokehouse. Check out our Music and SFX library today.
What should I look out for when searching for music on the web?
When searching for content to use on the web, we find it useful to search for the term “TOS” or similar, on the webpage that offers the content you would like to license.
Once you find the T.O.S. page, search for terms such as “Porn” or “adult” to locate the specific clause that shows what is allowed.
Unfortunately you will often find that their content is not allowed to be used in adult content, even if you pay a subscription or buy the content.
This is why we recommend to always use appropriate content from creators that allow adult use, such as Strokehouse. You can check out our large Music and SFX library that always allow adult use with and affordable price and generous licensing terms.