ANGELINA FREEBEAT
produced by SharpDonzy
contact SharpDonzy@ 07068184040
A free hit trending instrumental
Can I Use That “Free” Beat For My Commercial Release?
Great question. Even if you do not use free “beats,” this discussion applies to anyone that wants to use free fonts, free stock footage, free stock images, or other free “fill-in-the-blank” stuff that you find on the Internet and hope to be able to use in your music, album covers, music videos, etc.
The quick answer to the question, “Can I use these ‘free beats’ in my next commercial release?” will sound like the ever-familiar cop-out: it depends. And before closing my laptop and sending in what could be my shortest and most useless blog article yet, I will expand my answer in an effort to be a bit more helpful: it depends on the nature of the license being issued to you.
Now, some of you may be scratching your heads right now, thinking “I never signed a license, and the website says ‘FREE BEATS.’ What is she talking about?” Well, U.S. Copyright law is what it is, and if you dig a little deeper, I’m sure you’ll find that most, if not all, of these “free” beats websites include certain “terms of use” – however simplified in form – that define the scope of a license, and identify under what circumstances you may use those “free beats” in your music.
The terms will most likely be tied to an action on your part, such as the act of downloading the beats, or the act of clicking on a box stating that you have read and agreed to the terms of use. And wham! A (potentially) legally binding contract that you may not have read or understood has been created. This can really catch you off guard, kind of like hiring a back-up singer only to find out half-way through the show that she has Tourette’s.
Since the licenses offered vary greatly among different sites, I searched some of the top websites offering “free” beats, and broke down five of the most common terms appearing in their online agreements, so you guys would know what to watch out for in deciding whether the license arrangement being offered works for you.
In no particular order, and without identifying the companies I discovered in my search, here is what I found:
USAGE / LICENSE
Every agreement I reviewed offered a “limited license” arrangement, where you could use the “free beats”, but only under a limited set of circumstances.
Some terms were clear that you could not use any of the “free beats” for profit or commercial use, but you could purchase an exclusive or non-exclusive license in order to commercially exploit the beat. If you find language to that affect, you know that the “free beats” can only be used on your next commercial release if you are willing to pay for them (at which point, they are really just “beats”). This is basically the web equivalent of offering “Free Drink” coupons at an AA meeting; the “free” part is not all it’s cracked up to be.
Some sites allow you to use their “free beats” for commercial gain, but limit the number of tangible copies (e.g, CDs) that you can reproduce and sell. Pay close attention to the language in these clauses. A few were unclear, stating you could use the beat for “one commercial use,” but failing to define what they considered a “commercial use.” They gave some examples that made it even more unclear as to whether both a physical and digital release were considered one “commercial use,” or multiple uses (thereby violating the agreement). If the terms of use are ambiguous, it invites dispute, complete with litigation and attorneys’ fees, misery, and ultimately ending with you taking driving lessons from Thelma & Louise.
Now, it’s not all doomsday here. The best terms I found offered downloadable beats for free, with an unlimited, non-exclusive license that allowed you to create a derivative work by adding your poetry to the beats, and to use your master recording commercially, in unlimited mediums, with unlimited distribution in any recording medium, and in for-profit performances or concerts. Hooray!
The key here is to make sure you understand what is expected of you. If you violate their terms by using the beat in a way that exceeds the scope of the license, you may find yourself standing in your doorway one day greeting a process server named Boscoe, sporting a Mohawk and an “I heart Mom” tattoo, and staring blankly at a bunch of papers he just handed you that say “COPYRIGHT INFRINGEMENT” on them. And trust me, you do NOT want Boscoe at your door.
CREDIT AND OWNERSHIP
All of the agreements I reviewed state that the creator of the beat retains ownership, control, and copyright over the beat itself; hence the need for a limited license.
The terms also require the person downloading and using the “free beats” to give attribution, or credit, to the beat’s creator. Some terms spell out precisely how credit is to be given; others simply request credit that is “fair and reasonable”. Again, make sure to read the terms to see what works best for you and your band. And remember – this is something that is expected of you; if appropriate credit is not given, Boscoe may come knocking at your door.
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