[FAQ]

Hey everyone,

I’m editing a video and I’d love to use a small snippet of a really popular song – just for about 10 seconds to set the mood for a particular scene. I’ve heard people talk about a “10-second rule” or something similar, where using a very short clip is supposedly okay under “Fair Use.”

I just want to be sure before I post it, as I really don’t want to get a copyright strike. Is this true for 2025, or am I likely to get my video flagged regardless of how short the clip is?

Any clarification would be awesome.

[Jeff Bullas]

It is very important to begin by stating that this is general information for educational purposes and does not constitute legal advice. For specific legal questions regarding copyright, you should always consult with a qualified legal professional.

The idea that you can use a 10-second clip, or any other specific length of a song, under a “Fair Use” rule is one of the most persistent and dangerous myths in content creation. There is no such rule in copyright law that automatically makes using a certain number of seconds permissible.

Fair Use is a complex legal doctrine, primarily in United States law, that allows for the limited use of copyrighted material without permission from the rights holder. However, it is not a right you can claim, but rather a legal defence you might raise in court after you have already been accused of copyright infringement.

To determine if a particular use is fair, courts analyse four main factors. First, they consider the purpose and character of your use. This looks at whether your use is commercial or for non-profit educational purposes, and more importantly, whether it is “transformative.” A transformative use is one that adds new expression or meaning to the original work, such as for parody, criticism, or commentary. Simply using a song as background music is generally not considered transformative.

Second, the court looks at the nature of the copyrighted work. Using a highly creative and original work, like a popular song, is less likely to be considered Fair Use than using a more factual work.

Third, the amount and substantiality of the portion used is considered. While using a smaller portion is better than using a large one, this factor is not just about length. Using even a very short clip can be an infringement if it is considered the “heart” or the most recognisable part of the original song. This is why the “10-second rule” myth is so misleading.

Fourth, the court assesses the effect of your use upon the potential market for or value of the copyrighted work. This asks if your use could harm the copyright holder’s ability to earn money from their original work, for example, by acting as a substitute for people listening to or purchasing the song.

For creators on platforms like YouTube or TikTok, the practical reality is that automated systems like Content ID will often detect the use of copyrighted music regardless of the length. This can automatically lead to your video being demonetised, having its audio muted, being blocked in certain countries, or having the revenue directed to the copyright holder.

In summary, relying on any “rule” about a specific number of seconds is not a valid legal defence. Using any portion of a popular, copyrighted song without obtaining a proper license is always a significant risk. The safest approach for creators is to use music from royalty-free libraries like the YouTube Audio Library or to purchase licenses from production music websites.

Cheers,

Jeff

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